Can I claim for my personal injuries as a passenger?

Posted on April 16, 2026

If you are injured as a passenger in a vehicle involved in a road traffic accident (RTA) you can still make a compensation claim, even if the driver is a family member or friend.

Sometimes clients come to us unsure if they can claim compensation for the injuries they have suffered in an accident, but more often than not they are entitled to recover the full amount of damages in compensation. On other occasions they are unsure whether to make a claim against someone they know.

Passenger injury claims

Unlike drivers, passengers are rarely responsible for the collision, which means they can usually bring a claim against the driver who was at fault. This may include:

The driver of the vehicle they were travelling in;
The driver of another vehicle involved in the accident;
In some cases, multiple drivers if more than one party was responsible

“The claim will be against the insurance of the driver, rather than the individual personally, so as mentioned if it is a friend or relative your claim will not affect their finances, it will be covered by insurance,” said Personal Injury lawyer, Lisa Anderson.

“When a potential client calls us, we will talk them through the procedure, how their claim will be handled, how their injuries affect their claim and what other special damages are involved,” added Lisa.

Common passenger injuries in RTAs

Passenger injuries can vary widely depending on the nature and severity of the road traffic accident and some of the most common injuries seen in passenger claims include:

Whiplash and soft tissue injuries
Broken bones
Head and brain injuries
Back and spinal injuries
Psychological injuries such as anxiety or post-traumatic stress

“Your compensation is designed to help put you back in the position you would have been in had the accident not occurred. As well as the more obvious pain and suffering, your claim could include, rehabilitation costs, loss of earnings and travel to medical appointments, it may also cover any extra care needed whilst you are incapacitated,” said Lisa.

Passenger injury compensation

1. Rear seat passenger injury claim

A female Claimant who was 56 years old and a rear seat passenger in a vehicle which was stationary at traffic lights when another driver drove into the rear of her vehicle. This resulted in her sustaining personal injuries consisting pain in her neck, shoulders, middle and lower back, tingling and numbness to the upper arms, to the fingers and thumbs, tingling and numbness to the upper legs to the feet, urological symptoms and a fear of travel.

She was examined by orthopaedic, psychological and urological medical-legal experts who prepared medical reports relating to the injuries she sustained for use in Court proceedings. The Claimant also included within her claim the costs of past and future losses which included travelling expenses, medical expenses and the costs of recommended medical treatment. After solicitor negotiation with the Defendant’s representative her claim settled in the sum of £50,000.00.

2. Road traffic accident involving a deer

In this case the Claimant was a male front seat passenger in a vehicle driven by his girlfriend when it was involved in a high speed collision with a deer which ran out unexpectedly into the motorway and resulted in the Claimant sustaining injuries to his right hip, left knee and back. The Claimant pursued a claim for the injuries sustained and some minor expenses.

Following disclosure of medico-legal expert evidence the Defendant’s insurers made an initial offer of £12,000.00 to settle the Claimant’s claim. However, after solicitor negotiations took place a settlement in the sum of £25,000.00 was secured.

3. Bus passenger injury claim

An elderly lady was involved in an accident on a bus. She had got onto the bus which then proceeded to move away from the bus stop without her being given the opportunity to find a seat and sit down. The bus braked unexpectedly which caused the Claimant to be thrown to the front of the bus causing her to sustain a fracture to her right wrist and an injury to her shoulder.

During her recovery she required care and assistance from family and friends, as well as care and assistance associated with personal care and domestic chores. The claim was pursued via the bus company’s insurers, and a settlement was negotiated in the sum of £35,000.00.

Passenger injury compensation

Non-Insured Drivers - If the other driver did not stop and cannot be identified clients can still pursue a claim through the Motor Insurers’ Bureau (MIB) which compensates victims of uninsured and untraced drivers.

Contributory Negligence - In one case a client was injured whilst a passenger, but they were not wearing their seatbelt at the time of the accident. We can still pursue a compensation claim but as was the case here, the final figure may be reduced due take account of the failure to wear a seatbelt, and contributory negligence will need to be taken into account.

If the car you were in caused the accident - some clients may think they cannot claim compensation if they were in the vehicle which caused the accident. However, a claim can still be made.

Public Transport - a claim can be made if you are in an accident whilst a passenger in other vehicles, aeroplanes, trams, and types of public transport. Similarly, taxis, as all taxi drivers must have adequate motor insurance cover and public liability insurance for such situations.

“As with other personal injury cases, such as accidents in public places, we always ask clients to get as much evidence as possible to support their claim, this could include CCTV, witness statements, photographs of the accident and injuries, as well as the scene of the incident,” said Lisa. “In addition to reporting the accident to the police, it is also a good idea to make your own contemporaneous notes whilst the incident is fresh in your mind,” she added.

In most cases, passengers have three years from the date of the accident to begin a personal injury claim. This time limit is set under the Limitation Act 1980. However, different rules can apply in certain circumstances, such as when the injured passenger is under 18 or lacks mental capacity.

“Early legal advice can also help ensure that evidence is preserved, deadlines are met and you receive the support needed to recover both physically and financially after an accident,” advised Lisa.

How can we help?

If you have been injured as a passenger in a road traffic accident, contact our Personal Injury solicitors on 0161 785 3500 or email enquiries@pearsonlegal.co.uk for a no obligation chat.

Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.