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Personal Injury

Passenger Whiplash Claim

If you were the passenger in a motor vehicle and you were hurt in a road traffic accident, you may be able to claim compensation for whiplash or another injury. As a passenger, you are just as likely to be injured as a driver, and you have significant rights. Our expert passenger accident claims solicitors can advise you and take care of everything for you.

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What are your rights as a passenger in a car accident?

Vehicle drivers owe their passengers a duty of care, and they are legally obliged to look after their passengers by driving safely.

When a driver fails in their duty of care, resulting in injury, a passenger has the right to claim compensation. If somebody dies due to a driver’s negligence, then their estate has a right to claim compensation.

Passengers who are involved in road traffic accidents are never at fault, which means they are always entitled to claim compensation.

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What types of injuries can passengers claim for?

Passengers can claim for a wide range of injuries. An accident can cause considerable physical, psychological and financial suffering. Passenger injuries may include bruising, scarring, broken bones, burns, whiplash, spinal injuries, loss of limbs and fatal injuries.

One of the most common road traffic accident claims is for whiplash.

Whiplash can occur when a vehicle receives a sudden impact that forces someone’s body to jerk sharply. This can cause a neck injury, shoulder and back pain and stiffness, muscle spasms, pins and needles and headaches.

How much compensation will you receive for a whiplash claim?

If you have suffered whiplash, the level of compensation you will receive depends upon the severity of your injuries, recovery time, the treatment you have undergone and the extent to which your injuries have impacted the quality of your life.

At Davisons, we believe that when you have suffered an injury that is not your fault, then you deserve compensation.

As well as claiming for injuries, other losses can be included in your passenger whiplash claim, such as:

  • Your medical expenses
  • Your travel expenses
  • Loss of earnings you have suffered and are likely to suffer in the future
  • The financial impact of any care you have received from others

Other losses can be included in your compensation claim, and our personal injury claim specialist solicitors can advise you.

Who is the claim against?

If the vehicle driver caused your injury, you can claim against the driver. This can feel awkward if the driver is a friend or a relative. However, compensation is paid by the driver’s insurance company and not the person themselves.

If an uninsured driver or the driver caused your injury left the scene without stopping, you can claim compensation from the Motor Insurer’s Bureau (MIB).

Sometimes injuries are caused by poorly maintained roads, especially where there are potholes. There is a legal requirement for roads to be reasonably maintained and so you can seek compensation from the Highways Agency or the local council.

Can a passenger claim against a private hire or taxi company?

If you have been involved in a car accident as a passenger in a taxi, you can claim compensation from the taxi driver’s insurance company or the taxi business’s insurance company. It is a legal requirement that all taxi drivers have motor insurance as well as public liability insurance in place.

Taxi drivers have a legal obligation to protect the health and safety of their passengers. If you have sustained a whiplash injury whilst in a taxi, you have the right to claim compensation.

How can you fund a compensation claim?

There are different ways you can fund a passenger whiplash claim.

From 31st May 2021, the Small Claims Court Limit for Road Traffic Accidents involving Whiplash Claims increased to £5,000, whereby you are not able to recover legal costs from the other side. As a result, it is not usually possible to obtain legal representation by no win no fee unless you have sustained severe whiplash injuries.

However, there are circumstances where you may be able to engage a solicitor on a fixed fee basis to assist in helping you pursue a compensation claim, in respect of which our specialist solicitors may be able to agree to deferred payment of costs until the conclusion of the Claim.

It is worth checking the small print of your home contents insurance, motor insurance and travel insurance policies. Sometimes these policies include cover for legal expenses. It is also worth checking whether your bank or credit card company cover you for legal expenses.

Start your passenger whiplash injury claim

If you have suffered an injury as a passenger in a vehicle, please talk to us. Our experienced and friendly solicitors are dedicated to protecting your rights as a passenger and helping you to receive the compensation you deserve.

Have any questions or need any help?

Our team of specialist lawyers are experts in their field. Be confident in their advice and decisions to help get the right outcome for you. Contact us today to see how we can help