Direct Answer
Yes — you can claim. As a passenger in a car accident, you are almost always considered an innocent party. You have no control over the vehicle and cannot be at fault for causing the collision. This means you are entitled to claim compensation for your injuries against whoever was responsible — whether that is the driver of the car you were in, another road user, or both. The claim is made against the at-fault driver’s motor insurance policy, not the driver personally.
Being injured as a passenger in a car accident is a distressing experience — made worse by uncertainty about whether you have the right to claim, and if so, who to claim against. The good news is that passenger car accident claims in the UK are among the most straightforward personal injury claims to pursue. As a passenger, you have stronger legal rights than any other party involved in a road traffic accident, because it is almost impossible for a passenger to be at fault for causing a collision.
This guide answers every common question about passenger accident claims — from who you claim against and what happens if you weren’t wearing a seatbelt, to uninsured drivers, compensation amounts and how to get started.
Yes — in almost every case. As a passenger you have no control over the vehicle you are travelling in and cannot be responsible for causing the accident. The duty to drive safely rests entirely with the driver. Under the Road Traffic Act 1988 and the Highway Code, all road users owe a duty of care to others — including passengers — to drive in a way that avoids causing them harm.
Whether the accident was caused by the driver of the car you were in, by another driver, or by a combination of both, you will generally have the right to claim compensation for:
The party you claim against depends on who caused or contributed to the accident. In a passenger car accident claim, there are several possible defendants:
If the driver of the car you were travelling in caused the accident through negligent, careless or reckless driving, you claim against them — and in turn, their motor insurance policy.
If another vehicle caused or contributed to the accident — for example, by pulling out without warning or failing to stop at a junction — you claim against that driver and their insurer.
Where liability is shared between the driver of your vehicle and another road user, both parties may be defendants. Compensation is apportioned according to each driver's degree of fault.
If a road defect — such as a pothole, failed signage or faulty street lighting — caused or contributed to the accident, a claim may lie against the local authority or highway authority responsible for the road.
If you were a fare-paying passenger in a taxi, private hire vehicle or bus, you can claim against the driver and their employer or operator. All commercial passenger-carrying vehicles are legally required to hold appropriate insurance.
If the at-fault driver was uninsured or cannot be identified (hit and run), you can claim through the Motor Insurers' Bureau (MIB), which exists specifically to compensate victims of uninsured and untraced drivers.
Important: The claim is always made against the at-fault driver’s motor insurance policy — not against the driver personally. Compensation is paid by the insurer. In virtually every case, the driver does not pay out of their own pocket. This is why it is important not to let personal relationships with the driver stop you from making a legitimate claim for injuries that may have a lasting impact on your health and finances.
This is one of the most common concerns passengers have — and it is entirely understandable. Claiming against someone you know personally can feel like a personal attack. But it is important to understand the reality of how the process works.
When you make a car accident passenger claim against the driver of the vehicle, you are not taking money from that person’s pocket. The claim is directed at their motor insurance policy. Insurers are legally obliged to respond to claims made against their policyholders. The driver’s personal finances are not affected. In most cases, the settlement is negotiated and paid entirely between your solicitor and the insurer, without the driver needing to do anything beyond notifying their insurer.
All drivers in the UK are legally required to hold valid motor insurance under the Road Traffic Act 1988. A driver without insurance is breaking the law. If your driver was insured, their policy exists precisely to cover situations like this.
You may want to have an honest conversation with the driver before you instruct a solicitor — to reassure them that you are not acting against them personally and that their insurer will handle the claim. Most people, once they understand how the process works, are supportive of a passenger making a legitimate claim for injuries they did not cause.
If the driver who caused your injuries was uninsured, or if they fled the scene and cannot be identified, you are not left without recourse. The Motor Insurers’ Bureau (MIB) exists specifically to compensate victims of uninsured and untraced drivers in the UK.
If the at-fault driver is identified but has no valid insurance, your solicitor can make a claim directly against them through the MIB’s Uninsured Drivers Agreement. The MIB will step in and pay the compensation that the driver’s insurer would otherwise have paid.
If the driver who caused the accident fled the scene and cannot be identified — for example, in a hit-and-run collision — you can make a claim under the MIB’s Untraced Drivers Agreement. You must report the accident to the police as soon as possible and cooperate fully with the MIB’s investigation.
MIB claims have strict procedural requirements and time limits. If you believe the driver was uninsured or untraced, instruct a solicitor without delay. Failure to follow the correct procedure — including timely reporting to police — can jeopardise your claim.
Passengers can suffer a wide range of injuries in road traffic accidents, from minor soft tissue injuries to life-changing conditions. Common injuries include:
As a passenger, you can claim the same categories of compensation as any other injured party in a road traffic accident claim:
General damages compensate you for pain, suffering and loss of amenity — the physical and psychological impact of your injuries on your life. The value is guided by the Judicial College Guidelines (JCG) 17th Edition for most injuries, or by the fixed whiplash tariff for qualifying soft tissue injuries lasting up to two years.
Special damages cover your financial losses — everything you have spent or lost as a direct result of the accident and your injuries:
The stronger your evidence, the better placed your solicitor will be to establish liability and maximise your compensation. Gather as much of the following as possible at the time of the accident and in the days that follow:
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Visit A&E or your GP as soon as possible after the accident, even if you feel your injuries are minor. Getting your symptoms formally recorded is essential — it creates the contemporaneous evidence that underpins your claim.
If you are physically able, photograph the vehicles, the road conditions and any visible injuries. Note down the other driver’s details and take witness contact information. Report the accident to police if anyone has been injured.
Speak with a specialist passenger accident solicitor for a free, no-obligation assessment. They will identify who to claim against, assess the strength of your claim and advise on the likely value of your compensation.
Your solicitor will obtain your medical records, instruct an independent medical expert and compile all evidence to support your claim. They will also identify and preserve any dashcam or CCTV footage before it is deleted.
Your solicitor notifies the at-fault driver’s insurer of your claim. The insurer investigates and either admits or disputes liability. Most passenger claims are resolved through negotiation without court proceedings.
Your solicitor negotiates the maximum appropriate compensation. If the insurer disputes liability or makes an unreasonably low offer, court proceedings may be issued. The vast majority of passenger claims settle before any final hearing.
Under the Limitation Act 1980, you have three years from the date of the road traffic accident to bring a personal injury claim as a passenger. This applies whether you are claiming against the driver of your own vehicle, another driver, or the MIB.
Exceptions apply in the same way as for all personal injury claims:
Even if time remains on the three-year clock, acting early preserves crucial evidence — particularly dashcam footage and CCTV, which is often overwritten within days or weeks. The earlier you instruct a solicitor, the stronger your claim is likely to be.
Passenger car accident claims can be pursued through a Conditional Fee Agreement (CFA) — commonly known as No Win No Fee. This means:
Passenger claims are among the strongest personal injury claims — because passengers are almost never at fault. This means they are routinely accepted on a No Win No Fee basis. Cost is no reason to delay or avoid making a legitimate claim for injuries you did not cause and did not deserve.
Yes. As a passenger you are almost always considered an innocent party — you have no control over the vehicle and cannot be at fault for causing the collision. You are entitled to claim compensation for your injuries against whoever was responsible, whether that is the driver of the car you were in, another road user or both.
You can claim against the driver of the vehicle you were in if their negligent driving caused the accident; the driver of another vehicle if they were at fault; both drivers if liability is shared; or a local authority if a road defect contributed. The claim is made against the at-fault driver’s motor insurance policy — not the driver personally.
Yes. Claiming against a friend or family member feels uncomfortable but the claim is made against their motor insurance policy — not against them personally. All UK drivers are legally required to hold motor insurance. The compensation is paid by the insurer. The driver’s personal finances are not affected.
Yes, you can still claim, but your compensation may be reduced for contributory negligence. Following Froom v Butcher [1976], the reduction is typically 25% if wearing a seatbelt would have prevented all injury, or 15% if it would have reduced but not eliminated the injury. If wearing a seatbelt would have made no difference, no reduction applies.
Yes, but your compensation may be reduced for contributory negligence if you knowingly got into a vehicle with a driver you knew was impaired. The reduction is typically 20% to 25%. The driver always bears the far greater share of responsibility and your right to claim is not eliminated.
You can claim through the Motor Insurers’ Bureau (MIB). If the driver is identified but uninsured, the MIB’s Uninsured Drivers Agreement applies. If the driver cannot be identified, the Untraced Drivers Agreement applies. Report the accident to police immediately and instruct a solicitor without delay.
Under the Limitation Act 1980, you generally have three years from the date of the accident. For children, the three-year period runs from their 18th birthday. Act as soon as possible — early action preserves vital evidence such as dashcam footage and witness recollections.
Yes. Passenger car accident claims can be pursued on a No Win No Fee basis. You pay nothing upfront and nothing if your claim is unsuccessful. If your claim succeeds, a legally capped success fee is deducted from your compensation.
Our team of specialist road traffic accident solicitors offers a free, no-obligation consultation. We will advise on who to claim against, assess the full value of your claim and handle everything on your behalf — with no upfront cost and no financial risk.
Legal disclaimer: This article is for general informational purposes only and does not constitute legal advice. Every road traffic accident claim turns on its individual facts. You should seek independent legal advice from a qualified solicitor before taking any action. This guide reflects the law in England and Wales as at April 2026.
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