No Win No Fee Road Traffic Accident Claims
No-win, No-fee claims
If someone acts in a way that goes against the Highway Code, they could be considered negligent. As a result, if you’re injured, you may be able to claim.
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Understanding Passenger Accident Claims
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If you've had an accident as a passenger in a car, bus or taxi because of someone else's negligent behaviour and been injured as a result, you could be entitled to start a personal injury claim. All vehicle drivers owe a duty of care to ensure the safety of their passengers; this means taking reasonable care to avoid accidents and prevent injuries.
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Passenger accident claims provide compensation for physical injuries and mental trauma suffered by passengers in road traffic accidents. Sometimes, a passenger in a car accident can receive more severe injuries than the driver of the vehicle. Passengers (and drivers) may also suffer minor injuries, such as whiplash and wish to claim for these.
Starting a passenger accident claim can seem daunting, particularly if the person responsible for the negligent driving is a friend or family member and you are also trying to recover from serious injuries. However, a compensation claim provides a monetary award for your injuries and financial support if you can’t work or have unexpected bills connected to the accident.
This guide will tell you everything you need to know about starting a compensation claim, what type of personal injury solicitor to use, and how to avoid paying any legal costs upfront. You’ll learn how the passenger accident claims process works and how much compensation you could be entitled to.
No Win No Fee Solicitors Co works with an experienced law firm and we’re experts in passenger accident claims arising from road traffic accidents. We represent all types of passengers. Talk to us now about how to start a compensation claim. Our advice is free, so there is no financial risk to you. Furthermore, if you have an eligible claim and decide to continue with our services, there are no upfront costs, and you won’t pay any fees unless your case is successful.
What Is A Passenger Accident Claim?
A passenger accident claim in the UK is a legal process in which an injured passenger can bring a personal injury claim against the other party responsible for their injury. This may be the driver of the car or vehicle they are travelling in or the driver of one of the other vehicles involved in the accident.
A compensation claim can include damages for the pain and suffering caused by mental and physical injuries sustained in the accident and special damages for extra expenses resulting from these injuries, such as medical treatment costs, travel costs for appointments if you cannot drive, and financial support for lost earnings.
If the injuries are someone else’s fault, then it should be possible to bring a passenger accident claim. Most people who bring road traffic accident claims use a specialist team of lawyers to represent them. It’s the quickest way to claim compensation, far less stressful, and you can avoid solicitors’ fees if you choose a No Win No Fee law firm.
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What Are The Different Types Of Passenger Accidents?
There are numerous scenarios in which a passenger can be injured in a road traffic accident. Here are some examples where you can claim compensation for injuries suffered and loss of personal property.
- You are travelling in a taxi, and it’s involved in an accident caused by another vehicle, leading to whiplash injuries.
- You are a passenger on a bus which develops an engine fire. All passengers are safely evacuated, but the bus explodes, leaving you with recurring nightmares. This scenario could give rise to a claim for damages for Post Traumatic Stress Disorder (PTSD) and special damages for the loss of your personal belongings, which were left behind on the vehicle.
- You are involved in a car accident, which is the fault of a family member who was driving, and suffered broken bones, which keep you away from work for six months. You should be able to claim compensation for the injuries and special damages for loss of income.
How Do I Know If I Am Eligible To Make A Passenger Accident Claim?
All road users owe each other a duty of care to prevent themselves and others from suffering injury and damage, so all you need to show to claim compensation is that you have been injured in a road traffic accident caused by another road user who failed to adhere to the duty of care.
A duty of care is a legal obligation to avoid causing foreseeable harm or injury to another person. Legislation like the Road Traffic Act 1988 sits with the rules and regulations found in the Highway Code to set out all the responsibilities and duties of road users towards one another.
If you receive injuries in a passenger accident due to someone else’s negligent behaviour, then you should be able to make a claim against them.
How No Win No Fee Claims Work
No Win No Fee arrangements do precisely what they say on the tin – you won’t pay a penny unless your claim is successful, even if your case has to go to court. The solicitor’s costs are taken from the compensation that has been awarded. This is a percentage that is capped by legislation and will be explained to you at the start of the process when you make a claim. There is absolutely no financial risk to you and no upfront costs.
How Does The Claims Process Work?
The process of claiming compensation begins with a free initial consultation with a personal injury solicitor who will consider the circumstances of your accident as a passenger and determine whether you have a valid claim. You’ll need to be able to provide evidence of the accident itself and your injuries. Here are some things you can use to support your passenger claim.
- Police reports if the police were called to the scene.
- Contact information from anyone who saw what happened for witness statements later on.
- Photographs from the scene, damage to the vehicle or of your injuries.
- Film like dash cam footage or footage from residential security cameras, doorbell cameras and private commercial buildings near the accident location.
- Evidence of medical treatment.
If you are also claiming special damages for personal possessions lost in the vehicle, you’ll need to provide documentary evidence. For example, if you were travelling by coach and an accident caused a vehicle fire, your solicitor will need details of your luggage and what was in it.
It’s not unheard of for some passengers to try and profit from a car accident they’re involved in, making exaggerated or fraudulent claims. Consequently, your compensation claim will be subjected to detailed scrutiny.
The next step is for your solicitor to evaluate the impact of the passenger accident on your life. For some people, their injuries are relatively trivial and, in time, will heal, and life resumes as normal. However, in other passenger accident claims, injuries can be permanent and life-changing.
Your lawyer will want to know how your road traffic accident changed your daily life, whether you cannot work or require long-term care or adaptations to your home environment. Your medical records will likely need to be substantiated by a report from an independent medical expert to help place a value on the compensation claim. Your solicitor will arrange this for you.
Understanding the nature and extent of your injuries will help No Win No Fee solicitors calculate the value of your claim and an appropriate compensation amount. As well as your injuries including pain and suffering, there are other things you can claim compensation for. These include:
- Medical expenses for rehabilitation therapies like physiotherapy or complementary therapies.
- Travel expenses incurred in attending appointments if you are unable to drive.
- Short or long-term care costs, including in-person help and medical aids like a wheelchair or mobility scooter.
- Adaptations to your home, like a stairlift or lift for life-changing injuries.
- Compensation for lost income due to a short or prolonged period off work.
- Damage to or loss of any personal possessions as a result of the accident.
Compensation is not just about restoring you to your financial and physical situation before the accident; it also takes into account future costs and loss of income if your life changes permanently after the accident.
How Much Compensation Could I Be Entitled To For A Passenger Accident Claim?
Those responsible for valuing your claim may refer to the Judicial College Guidelines when determining how much compensation you could be awarded for injuries suffered in a car accident or road accident as a passenger. This reference document contains guidelines for what is being and has been awarded as compensation for personal injury cases by the courts.
However, if you sustained injuries in a car accident in England or Wales, how you claim may be different. Your claim may be made through the Whiplash Reform Programme if the value of your injuries is £5,000 or less and you are aged 18 or older. Additionally, in order to claim in this manner, you must have been the driver or passenger in the vehicle. Whiplash injuries, regardless of what why you claim, are generally valued in accordance with the set tariffs found in the Whiplash Injury Regulations 2021.
Below we’ve included a list of figures which contains examples of the Judicial College’s guideline compensation brackets and a few tariffs from the Whiplash Injury Regulations. We’ve also included a figure that shows you how you can be compensated for multiple severe injuries and special damages. This figure was not taken from either the guidelines or the regulations. Furthermore, all passenger accident claims have different merits and as such, compensation will be awarded accordingly. Therefore, you should only use this list as a guide.
Total amount for one or more whiplash injuries: 0.00
- If you suffer multiple injuries in the car accident and experience financial losses as a result, such as domestic help costs and loss of earnings while you recover, you could receive a settlement up to and even exceeding £1,000,000.
- Very severe brain damage that results in little to no evidence of environmental responses, such as a permanently vegetative or minimally conscious state, could result in compensation between £344,150 to £493,000.
- If both your legs are amputated below the knee as a result of the passenger accident, you could be compensated between £245,900 to £329,620.
- A severe shoulder injury, which is often associated with a neck injury and results in significant disability, may receive compensation of between £23,430 and £58,610.
- Moderate neck injuries, including fracture or dislocation, which cause severe immediate symptoms and may need spinal fusion, can receive a payout of between £30,500 and £46,970.
- A hand injury which is classified as less severe such as a crush injury resulting in significantly impaired function, can be awarded compensation of between £17,640 and £35,390.
- An impact injury which results in the loss of the spleen and leaves a continuing risk of infection and disorders due to the damage to the immune system can receive a compensation award of between £25,380 and £32,090.
- The Whiplash Injury Regulation tariff amount for whiplash with symptoms that last between 18-24 months alongside minor psychological damage is £4,345.
- The tariff amount for whiplash symptoms lasting between 18-24 months without any psychological harm is £4,215.
How No Win No Fee Solicitors Co Can Help You Claim Compensation
If you have been injured in a road traffic accident as a passenger and wish to claim compensation, you may like to work with an experienced solicitor who specialises in passenger accident cases. Our team at No Win No Fee Solicitors Co are experts in passenger accident claims.
As the name indicates, we operate on a No Win No Fee basis. Our fee agreements are set up to ensure you pay nothing to make a claim, even if it goes to court. This will typically be done under a Conditional Fee Agreement (CFA).
Accident claims that aren’t successful won’t result in a large bill – there are no fees:
- When a solicitor agrees to work on your claim.
- As the claim progresses.
- Should it fail.
As discussed above, you only pay a fee if your claim is successful. The fee is a percentage of the compensation awarded and is set out clearly in the fee agreement at the start of the claim. There are no hidden costs, and we are proud to offer comprehensive legal services to any passenger involved in an accident on this basis.
If you’d like to check if you’re eligible to claim compensation for injuries suffered as a passenger in a car accident, call us on the number above, write to us here, or message us now via our live chat box. We’re always happy to help.
Frequently asked questions
Below we’ll answer common questions regarding passenger accident claims.
Who pays the compensation claim?
Usually, compensation is paid by the insurance company of the driver who caused the accident. This means the financial burden doesn’t fall directly on the driver to pay compensation, but their motor insurance premiums are likely to go up because of the claim.
What happens if the driver is uninsured?
Does the principle of contributory negligence apply in a passenger accident where the driver of the car was partly to blame?
How does a claim work if there are a lot of passengers involved in an accident?
What are interim payments?
Is there a time limit for passenger accident claims?
Can I claim on behalf of children who were passengers in the car accident?
Children under 18 cannot bring a claim in their own right. Children under 18 are referred to as minors, and usually, a parent or other guardian brings a claim on their behalf. This is called acting as their ‘litigation friend‘ and you will need to apply to the courts to act in this capacity. The three-year time limit does not apply to minors and only starts to run once they have reached the age of 18 if a claim was not made on their behalf.
