Home › Road traffic accident guides › Car passenger claims
Guide · Passenger accidents
Car Accident as a Passenger: Can I Claim?
Yes, usually. Passengers aren't in control of the car, so they're very rarely to blame for an accident. You can usually claim against the insurer of whichever driver caused it, even if that was the driver of the car you were in. If the driver was uninsured or drove off, you can claim through the Motor Insurers' Bureau (MIB). Your compensation can be reduced if you weren't wearing a seatbelt, or chose to travel with a driver you knew had been drinking.
This guide explains who you claim against, what happens if the driver is a friend or relative, what can reduce your compensation and what you can claim for.
- Who pays
- The at-fault driver's insurer
- Uninsured or hit-and-run
- Claim through the MIB
- No seatbelt
- Compensation may be reduced
- Whiplash up to 2 years
- Fixed tariff of £275 to £4,975
Can you claim as a passenger?
In almost every case, yes. Every driver owes a duty of care to other road users, including their own passengers, to drive safely. If a driver's careless driving caused the accident, you can claim against that driver's insurer.
Passengers are rarely to blame for the accident itself, because they aren't driving. A passenger would only share the blame in unusual situations, for example by grabbing the steering wheel.
You can claim for:
- Physical injuries, from whiplash to fractures and head injuries
- Psychological harm, such as anxiety about travelling, depression or PTSD
- Financial losses caused by your injuries, such as lost earnings and treatment costs
Your compensation can still be reduced in some situations, such as not wearing a seatbelt. These are explained below.
Who do you claim against?
It depends on who caused the accident. Your claim is dealt with by their insurer, not paid by the driver personally.
The driver of your car
If the driver of the car you were in caused the accident, you claim against their motor insurance. By law, it must cover passengers.
The other driver
If another vehicle caused the accident, for example by pulling out of a junction, you claim against that driver's insurer.
Both drivers
If both drivers were to blame, you can claim against both. You don't have to prove who was more at fault. The insurers sort out the split between them, and it shouldn't reduce your compensation.
A taxi or private hire driver
Taxi and private hire drivers must have insurance that covers their passengers. If you were on a bus or coach, see bus and train accident claims.
The council
If a pothole or other road defect caused the accident, the council or highway authority responsible for the road may be liable. See pavement and pothole claims.
The Motor Insurers' Bureau
If the at-fault driver had no insurance, or drove off and can't be traced, you can claim through the MIB.
Claiming against a friend or family member
This is one of the most common worries passengers have. It can feel like you're taking action against someone you care about, but the claim is made against their motor insurance, not against them personally.
Every driver must have motor insurance that covers passengers. That cover exists for exactly this situation. The insurer deals with the claim and pays any compensation. The driver will need to tell their insurer about the accident and give their account, and the claim may affect their no-claims discount or future premiums, but they won't usually have to pay the compensation themselves.
Many people find it helps to talk to the driver first and explain that the claim will be handled by their insurer.
What can reduce a passenger's compensation?
In these situations, you can usually still claim, but your compensation may be reduced or your claim may be harder.
Not wearing a seatbelt
If wearing a seatbelt would have prevented or reduced your injuries, your compensation can be reduced, often by up to 25%. If it would have made no difference to your injuries, there should be no reduction.
Travelling with a driver who'd been drinking
If you knew, or should have known, that the driver had been drinking or taking drugs and chose to travel with them anyway, your compensation can be reduced.
Knowing the car was uninsured or stolen
If you knew the car was uninsured or stolen, this can affect a claim, particularly through the MIB. Get advice before assuming you can't claim.
See partly to blame for an accident? for how reductions work.
What if the driver was uninsured or drove off?
You can still claim. The Motor Insurers' Bureau (MIB) compensates people injured by uninsured and untraced drivers in the UK.
- Uninsured driversIf the driver who caused the accident is known but had no valid insurance, you can claim through the MIB, which pays compensation in place of an insurer.
- Hit-and-run driversIf the driver drove off and can't be identified, you can still claim through the MIB. The accident should be reported to the police as soon as possible.
MIB claims have strict rules and time limits, so get advice as soon as you can.
Common passenger injuries
Passengers can be hurt by the jolt of a collision, the seatbelt or airbag, or hitting parts of the car. Common injuries include:
Whiplash
Soft tissue injury to the neck, back or shoulders. See whiplash claims.
Head injuries
From concussion to serious brain injury.
Face and chest injuries
Cuts, fractures and dental injuries, and chest or rib injuries from the seatbelt or airbag.
Fractures
Such as broken wrists, arms, collarbones, legs and ankles.
Back and spinal injuries
From muscle strain and disc damage to spinal cord injury in serious collisions.
Psychological injuries
Such as anxiety about travelling, PTSD or depression after the accident.
How much compensation can you claim?
Passengers can claim the same types of compensation as anyone else injured in a road accident:
- Your injuriesFor adult passengers, whiplash lasting up to 2 years is valued using fixed tariff amounts of £275 to £4,975, depending on how long it lasts. Other injuries, and whiplash lasting longer, are valued using the Judicial College Guidelines.
- Your financial lossesSuch as lost earnings, treatment and physiotherapy, travel to appointments, care from family, changes to your home and other costs caused by your injuries.
Adult passengers whose injuries are worth £5,000 or less usually claim through the government's Official Injury Claim service. Claims for children don't go through it. See how much is a car accident claim worth?
What to do after the accident
Get checked
See a doctor or go to A&E as soon as you can, even if you feel fine. Some injuries, such as whiplash, can take hours or days to show.
Take details
Names, registrations and insurers for every vehicle involved, plus contact details for any witnesses.
Take photos
Of the vehicles, the damage, the road and any visible injuries, if you're able to.
Ask about footage
Dashcam and CCTV footage is often deleted within days or weeks, so ask for it to be kept as soon as possible.
Check it was reported
If someone is hurt and the drivers couldn't exchange details, the accident must be reported to the police within 24 hours. Keep the reference number.
Keep a record
Keep receipts for your costs, and a diary of your symptoms and how they affect your daily life.
You don't need everything in place before you contact us. See evidence for a car accident claim.
Car passenger claims: FAQs
Can I claim compensation as a passenger in a car accident?
Yes, usually. Passengers aren't in control of the car, so they're very rarely to blame. You can usually claim against the insurer of whichever driver caused the accident, whether that was the driver of the car you were in, another driver, or both.
Can I claim against the driver if they're a friend or family member?
Yes. The claim is made against their motor insurance, which must cover passengers, and the insurer deals with it and pays any compensation. The driver won't usually pay anything themselves, although the claim may affect their no-claims discount or premiums.
Can I claim if I wasn't wearing a seatbelt?
Usually yes, but your compensation may be reduced, often by up to 25%, if wearing a seatbelt would have prevented or reduced your injuries. If it would have made no difference, there should be no reduction.
Can I claim if I knew the driver had been drinking?
Usually yes, but your compensation can be reduced if you knew, or should have known, that the driver had been drinking or taking drugs and chose to travel with them anyway.
How long do I have to make a passenger claim?
Usually 3 years from the date of the accident. For children, the 3 years starts on their 18th birthday, and a parent can claim for them before then. Different rules apply if someone lacks mental capacity, and MIB claims have their own strict rules, so it's best to get advice early. See how long you have to claim.
Can I claim as a passenger on a No Win No Fee basis?
Yes, eligible passenger claims are handled on a No Win No Fee basis. If your claim succeeds, a success fee is taken from your compensation, agreed in writing before your claim starts and capped by law at 25% of your compensation for pain and suffering and past losses. See No Win No Fee car accident claims.
Injured as a passenger?
Talk to our team for free, with no obligation. We'll look at what happened, work out who was responsible and tell you whether you have a claim. Eligible claims are handled on a No Win No Fee basis.