If you were injured in a road traffic accident while travelling as a passenger in a car, the law allows you to pursue a claim when the accident was caused by someone else’s negligence. This guide explains your legal rights if you were a passenger in a car accident, who you may be able to claim against, and how a passenger accident claim works under the law in England and Wales.

What Are Your Legal Rights as a Passenger?

As a passenger, you are not responsible for driving decisions, road positioning or how a collision occurs. If you are injured in a car accident caused by someone else’s negligence, the law allows you to pursue a compensation claim.

This applies whether the accident involved a single vehicle or multiple vehicles, and whether responsibility rests with the driver of the car you were travelling in or another road user. A passenger claim is based on how the accident happened and the injuries sustained, rather than on any actions taken by the passenger.

A personal injury claim brought by a passenger focuses on the physical and financial impact of the injuries, including injury and pain, disruption to daily life, costs related to medical treatment and related losses. Because passengers do not influence how a vehicle is driven or how an accident unfolds, their legal position is often straightforward when bringing a road traffic accident claim, compared to that of a driver who may share responsibility for an accident.

Who Can a Passenger Make a Claim Against?

If you are entitled to compensation following an accident, you will make a claim against the party responsible for causing the accident, usually through their insurance company. This may be:

• The driver of the vehicle you were travelling in.
• Another driver who was involved in the accident.
• Multiple drivers, if responsibility is shared.

If the accident was caused by an uninsured or untraced driver, it may still be possible to pursue a compensation claim through the Motor Insurers' Bureau. In all cases, the key to a successful claim lies in establishing how the collision occurred and who was at fault.

What Evidence Supports a Passenger Injury Claim?

There are several types of evidence that can support your claim. Medical records are central, as they document the injuries, treatment received and any ongoing symptoms. Seeking medical attention as soon as possible after the accident will make sure all your injuries are properly recorded.

If you are able, and it is safe to do so, you should:

• Gather details of all the vehicles involved in the accident, including licence plate numbers.
• Collect insurance details from any other drivers.
• Request the names and contact information of any witnesses, so a solicitor can contact them later.
• Photograph the scene of the accident.

You should also keep a record of medical expenses, travel costs and lost wages as these will be used to demonstrate the financial impact of the accident.

Should you pursue a claim, this evidence will be key to getting the compensation you are entitled to.

Does it Matter if the Driver Is a Friend or Family Member?

Many passengers feel uncomfortable about making a claim if the driver is a friend or family member and was at fault for the accident. In practice, a passenger claim is handled through the driver’s insurance company, not against them personally.

Compensation claims exist to address injuries and financial losses arising from road traffic accidents. Making a claim does not mean you are blaming the individual directly. It allows you to seek compensation for the injury itself, as well as related losses such as lost earnings, medical expenses, and other costs linked to your recovery.

What Injuries Can Passengers Claim For?

Passengers can bring a claim for a wide range of injuries caused by a car accident. These may include neck injuries, broken bones, head injuries, spinal injuries, and other road traffic accident injuries. After an accident, some passengers experience physical pain that affects their ability to work or carry out everyday activities, and need to claim for lost income. Some injuries can have long-term consequences, including loss of mobility or the need for ongoing medical treatment, that will result in you receiving more compensation.

Your claim will focus on the full extent of injuries sustained, and will take into account the long term effects of those injuries on your life.

How the Passenger Accident Claims Process Works

A passenger accident claim begins with an assessment of how the car accident happened and who was responsible. A personal injury solicitor will review the available evidence, including medical records and details of the drivers involved.

The claim is pursued against the insurer of the party at fault. Your solicitor will present evidence showing how the accident was caused by someone else’s negligence and how it led to injury and financial loss.

In many cases, the claim is resolved through negotiation between your solicitor and the responsible party's insurance company. Where agreement is reached, the compensation will reflect the injuries you sustained and the financial losses linked to the accident.

If an agreement cannot be reached through negotiation, the claim may progress through the formal legal process, with your solicitor continuing to act on your behalf.

How Much Compensation Can a Passenger Claim?

How much compensation can be recovered depends on the nature and severity of your injuries, the length of recovery and whether there are any long-term effects.

Compensation can take account of physical pain, medical costs, hospital bills, lost earnings,  and other financial losses linked to the accident, including estimated future loss where applicable. Each passenger claim is assessed on its own facts, and that means there is no fixed amount that applies to all cases.

When you start the process of making a claim with JMW, we will be able to establish the facts of the case with you, and advise you on the amount of compensation you may be entitled to if your claim is successful.

Time Limits for Passenger Claims

In most cases, a personal injury claim following a road traffic accident must be started within three years of the date the accident happened. This is the general time limit set out under the Limitation Act 1980.

However, there are important exceptions:

• Children: if the injured passenger was under 18 at the time of the accident, the three-year time limit does not begin until their 18th birthday. This means a claim can usually be brought any time before they turn 21.
• Lack of mental capacity: if the person injured lacks the mental capacity to manage their own legal affairs (due to a brain injury, learning disability or another condition), the three-year limit does not apply unless or until they regain capacity. In these cases, a litigation friend - such as a parent, guardian or carer - can bring a claim on their behalf.

Because these rules can vary depending on the circumstances, it’s important to seek legal advice as early as possible. This helps make sure the correct deadline is applied, gives your solicitor more time to gather evidence, and avoids any risk of missing the opportunity to claim compensation.