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Car Passenger Injury Claims

Truth Legal specialise in bringing car passenger injury claims to ensure you get the compensation you deserve.

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Catherine Reynolds

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Car Passenger Injury Claims

Truth Legal specialise in bringing car passenger injury claims to ensure you get the compensation you deserve.

Rated Excellent on TrustPilot

If someone else’s action, or inaction, caused you to suffer injuries as a passenger, you are legally and morally entitled to claim compensation. In most cases, car passenger injury claims are successful because they could neither cause nor prevent the accident.

Car Passenger Injury Claims FAQs

What can I claim for as a passenger in a car accident?2023-01-17T17:13:47+00:00

Your physical and/or psychological injuries are likely to form the main part of your claim. The amount of compensation for injuries is based on two main aspects:

  • The pain and suffering you have experienced, or may permanently experience.
  • How your symptoms have affected your life.

Both of these aspects combined will be assessed when valuing your injuries.

Besides your injuries, you may incur other losses. If you have incurred a loss as a result of the injuries, or the accident directly, then it is likely you can include them in your claim. Some examples may be:

  • Travel expenses
  • Medical expenses and treatment costs
  • Lost earnings
  • Care and assistance

If you have not incurred a particular loss, but you are likely to incur it in future, you may be able to claim for this as well. This might include the costs of treatment which you will need in future.

What do I need to make a successful passenger compensation claim?2023-01-17T17:14:50+00:00

Claiming compensation for someone else’s negligence involves establishing several key points. You have to prove:

  1. The party you are claiming from had a duty of care towards you and they failed in their duty. All road-users have these duties of care to one another. Failing in their duty, in legal terms, means that the other party did not meet the standards of a reasonably competent driver – in either what they did or did not do.
  2. Their ‘failure’ caused your injuries and other losses.
  3. The injuries and losses for which you are claiming are reasonable.

In passenger claims, Point 1 will rarely cause a problem. Passengers are not responsible for controlling any vehicle so it would only be in very rare circumstances a passenger could be at fault. However, it does not necessarily mean that the driver of another vehicle is liable for the accident.

If the driver of the vehicle you were in is at fault for the accident, you can still make a claim. Your claim would instead be directed against their insurance company rather than that of any other driver. You may be unwilling to claim against a friend or family member who was driving. However, bear in mind that this is one of the main reasons why drivers must have insurance. Also, in most cases, the compensation for your injuries and losses is likely to outweigh the costs of any increased premiums your friend/family member may have to pay.

Point 2 will often have to be established with medical evidence. However, if you were not wearing a seatbelt at the time of the accident, your compensation claim could be affected. Often it will result in a reduction of your compensation. If the party you are claiming from can prove your injuries wouldn’t have happened had you been wearing the seatbelt, the reduction is likely to be 25%.

All of the above points may sound daunting, but Truth Legal can help you every step of the way. With our specialist experience, we will ensure you recover the right level of compensation.

Can I make a passenger claim on behalf of a young child?2023-01-17T17:15:32+00:00

If a child under the age of 18 was injured as a passenger, they will need someone to act on their behalf to bring a claim. If you act for them, you will be known as their ‘Litigation Friend’.

Parents, or guardians, in daily contact with the child will often make the best Litigation Friends. Ideally, the driver of the vehicle in which the child was a passenger should not act as their Litigation Friend. This is because a ‘conflict of interest’ can arise if it becomes necessary to claim any or all compensation from the driver’s insurance company.

Please make us aware of any young children involved in the accident when you discuss the case with us. We can also explain further what acting as a Litigation Friend will entail.

Are there any time limits for passenger accident claims?2023-01-17T17:16:25+00:00

There are legal time limits placed on personal injury claims. In general, you have 3 years from the date of the accident in which to settle your claim or begin court proceedings. If you are outside this time limit, you will no longer be able to claim compensation for the accident.

There are some exceptions to this, however, and in some situations extra time may be granted by a court.

If you have suffered an injury as a passenger, seek legal advice right away to make sure you don’t miss your chance to claim. Contact us now if you are worried about these time limits or you would like to discuss your situation.

I already have a claim ongoing, can I switch my solicitors to Truth Legal for my car passenger accident claim?2023-01-17T17:17:39+00:00

You are entitled to choose your legal representatives and this includes being able to change solicitors if you wish to. Switching solicitors is actually a straightforward process.

When you inform them of an accident, insurance companies will often pass your details to a claims management company. All the claims management company will do is shunt your case to one of the law firms they have agreements with. This means that your case will often be assigned to legal representatives which you have not chosen. Making your claim with the right firm of specialists, whom you trust, is vitally important in a personal injury claim.

If you find yourself in this situation, consider switching your solicitors to Truth Legal. Firms chosen by claims management companies are often set up to deal with high volumes of cases instead of giving their clients a quality bespoke service.

Similarly, if your solicitors or the unqualified people running your case do not understand passenger accident claims, then you should also consider changing solicitors. It is imperative that your representatives obtain the correct medical evidence to support your injury claim.

Important Changes to Road Traffic Accident Whiplash Claims 2021

If you were injured in a road traffic accident which happened on or after 31st May 2021, Truth Legal may be unable to help you with your claim. This is because changes to the law now prevent legal fees from being recovered where the person claiming was injured INSIDE a vehicle (i.e. as a driver or passenger) and they suffered whiplash injuries to their neck, shoulders, or back.

These changes do not stop you from making a claim, but you must instead do it through the Official Injury Claim portal and, in all likelihood, without legal support.

This can apply if you were the passenger of a car, van, lorry, bus, or other kind of motor vehicle, where you generally sit inside.

If you were a passenger on a scooter, motorbike, or bicycle, however, Truth Legal can still help you to claim, as the changes to the law do not apply in those circumstances.

Similarly, if you have suffered serious, non-whiplash injuries, as a passenger of any kind of vehicle, Truth Legal can still help you to make a claim as normal.

To find out more about these changes, and whether they will affect you, read our Whiplash Reforms 2021 FAQ/guide.

Making a compensation claim can help you in many ways. A claim can allow you access to treatment to aid your recovery, without the need go on an NHS waiting list or pay for it privately. You can be compensated for the injuries which you suffered and financial losses which you incurred as a result of the accident.


The 2021 Whiplash Reforms: A Guide

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Claiming for your injuries with Truth Legal

Car passenger injury claims can offer many benefits to the victims of an accident. Although it cannot undo the events, it can give you financial redress and amend the financial losses you have suffered.

To stand the best chance of realising these benefits, you need legal representatives who will fight your corner, do everything they can to secure your compensation, and who will inspire you with trust.

Truth Legal has helped many people recover the compensation they deserve. We are Personal Injury specialists with technical skill and extensive experience.

We pride ourselves on providing an ethical, honest service to all of our clients.

In most cases, Truth Legal can offer to take your case on a No Win No Fee basis so there is no financial risk to you.

We will always explain funding your claim in more detail before your claim begins. You can read more on No Win No Fee Agreements here.

We’re not like other law firms

Ethically driven

Truth Legal was founded on the idea of putting ethics at the centre of legal services.

Ethical working is at our core: in treating people fairly, being open and honest, and taking social responsibility. We sponsor a large section of woodland near Harrogate, planting a tree for every one of the clients we represent.

Real lawyers, real people

We believe a good lawyer shouldn’t just offer technical expertise, but a real understanding of what you’re going through and how best to help you.

Above all, our team are dedicated to their clients – whether that is guiding them through legal complexities, securing compensation, or simply fighting for what’s right.

We won’t blind you with jargon – we give advice clearly. And when technical terms can’t be avoided we explain them in full.

Exceptional service

In contrast to some firms, we don’t overload our lawyers with cases. Our team provide clients with a more personal service, meaning we can dedicate the proper time to your matter.

Just read our client reviews to see what a difference this can make.


5 Reasons Why Truth Legal Might Be Right For Your Personal Injury Claim

Further reading

Read our extensive guide for more information on how to make a car passenger injury claim.

How to Make a Road Traffic Accident Claim

Reading time: 43 minutes

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