Car passenger accident claims
As a passenger you place your trust and your safety in whomever is driving the vehicle.
The driver could be a friend, family member or partner, a work colleague or a professional like a taxi driver or bus driver… it doesn’t really matter who is driving, the point is they have ultimate responsibility for your safety.
It is their job to follow basic, reasonable and sensible steps to keep you safe like:
- Being physically fit to drive
- Driving to road and weather conditions and being respectful of other road users
- Ensuring their vehicle is in sound mechanical condition
These basic steps apply to all drivers which means it doesn’t matter who caused the crash and it doesn’t matter who was driving – it’s important to know that as a vehicle passenger you have rights and routes to recover compensation.
Who pays for passenger injury claims after a car crash?
Compensation is paid by the insurance of the driver who caused the crash (known as the “at fault driver”). Some people worry about making a car passenger compensation claim if their loved one was the at fault driver but don’t worry – it’s not your loved one who pays the compensation. It’s their insurance company who pays. That, after all, is the whole point of having insurance.
Your right to claim is not affected by your relationship with the driver. You might be their spouse, partner, loved one or friend. It doesn’t matter. What matters is that you were injured in an accident that wasn’t your fault and the law says you are entitled to seek compensation for that.
If your case involves an uninsured or hit-and-run driver your claim can be made through the Motor Insurers' Bureau (MIB) which is dedicated to helping all road users recover compensation in all such cases.
Making a passenger accident claim
Getting in touch with an experienced solicitor you can trust at the earliest opportunity can make all the difference. Once you contact us your solicitor will help and guide you through the process.
If your accident occurred abroad we could still provide you with expert legal advice as we have a Foreign & Travel Team dedicated to helping people affected by accidents in other countries.
When making a passenger injury claim your solicitor will look to recover all relevant details just like any other road traffic accident claim:
- Police reports
- Medical records
- Public CCTV (if any)
- Witness statements
- Other helpful evidence (mobile phone footage or photos taken in the immediate aftermath from the scene)
Having as much information and evidence as possible helps build a clear, thorough and accurate picture that can strengthen your case.
No win, no fee personal injury solicitors
The expression “No win, no fee” is often used in personal injury cases. It is used as a way of funding a compensation claim where the accident victim does not have the means to pay for the costs involved as the case progresses.
A number of solicitors are prepared to handle personal injury cases on a “No Win – No Fee” basis but very few are able to offer their clients complete protection if the case is unsuccessful.
In that event, the client could end up being liable for many thousands of pounds in legal expenses or the case won't be fully investigated and therefore likely to under-settle.
Compensate 'no win, no fee' funding
Digby Brown has its own funding company, Compensate, which provides the funding to allow the case to be fully investigated, employ the best experts surrounding the circumstances of the accident and/or injuries sustained and where and if necessary go to court.
If for whatever reason the case is unsuccessful, Compensate pays all your legal expenses and those of your opponent – you pay nothing.
On average our clients receive over 3 times the pre-litigation offer
Because of Compensate funding Digby Brown's success rate is extremely high and on average our clients receive three times the pre-litigation offer.
In the event the case is successful, a small percentage of your damages will be deducted with VAT to pay for this service. The percentage which Compensate will charge depends on the degree of risk involved. We believe that this is the fairest method of giving clients access to justice whilst ensuring their cases are fully investigated, prepared and funded.
Don’t take our word for it, just read many of the court decisions and case studies on our website.
Beware of compensation offers which may be too good
We know you will have seen many adverts offering 100% compensation or telling you that you will not lose any of your compensation, however we believe there are a number of problems with companies that do this.
- How do they make their money if they don’t charge you anything?
- If they aren’t taking any money from you, the client, what incentive do they have to ensure you receive the right level of compensation, appropriate to the injuries you have sustained?
- Fully preparing a case, finding out exactly what happened and what the consequences of your injuries may mean in the long term, is expensive, how do they do this properly?
- If they aren’t fully preparing these cases will they just accept the first offer they are given on your behalf by the Insurance company?
- It makes simple business sense, the less work they do the higher their profit margin is - they simply have no incentive to work harder on your behalf.
- These adverts in the main are from English firms on national television which operates in a different way and therefore wouldn’t apply to a Scottish person.
We know from the many client cases we mandate from other firms of solicitors (in the main at the request of the client who is extremely unsatisfied with the service received for the other firm) that many shortcuts are taken in preparation and that the first offer received is being recommended for acceptance, regardless of the value.
Getting something for nothing is usually the first sign of poor service.
Correct level of compensation with Digby Brown
Our experience and statistics show time and time again we will achieve the correct level of compensation which will be substantially more than the insurer is initially prepared to offer.
Even after we have deducted our percentage as a success fee you will gain considerably more than you would have achieved using a 100% compensation model.
Contact Digby Brown's personal injury solicitors
We have offices across Scotland in Glasgow, Edinburgh, Dundee, Kirkcaldy, Inverness, Aberdeen and Ayr.
For further information about no win, no fee, or anything else, call us on 0333 200 5925 or fill in our enquiry form below and someone will get back in touch with you.
How long do I have to make a passenger accident claim?
In Scotland you typically have three years from the date of the accident to make a claim. If the injured person is under 16 they can make a claim at any point before their 16th birthday. Once they turn 16 then the three year rule applies, meaning they have until they are 19 to claim.
To give yourself the best opportunity, we recommend getting in touch as soon as possible for multiple reasons:
- Witness memories become ‘foggy’
- Information can be lost over time
- It may prevent you getting access to vital treatment that could help your recovery
Another thing to note – after more serious traffic collisions it is common for the police to get involved. Maybe down the line there may even be a prosecution against the at fault driver…
But you do not need to wait for the prosecution to end before speaking to a civil claims lawyer. They are two different processes with different standards of evidence. In many cases we settle compensation claims long before the driver is convicted. And having us in your corner early on means we can even help support you (the victim) through the criminal process.
How much compensation should I expect to receive?
It is difficult to estimate how much compensation you are likely to receive. It is based on several factors which have to be properly calculated, justified and proven with supporting evidence. It is then all added up to your overall compensation amount. These factors can include:
- How severe your injuries are
- What daily impact it has on your life and your ability to work
- Any cost of current and future medical treatment and rehabilitation
- If you had any loss of earnings due to not being able to work now or in the future
Each claim is unique and our team will carefully assess your case to ensure you receive a fair settlement.
Why choose Digby Brown?
When it comes to personal injury claims, experience matters.
Digby Brown has a strong reputation for achieving successful results for our clients. Our extensive knowledge allows us to navigate the complexities of the legal system with confidence.
With years of expertise and multiple industry awards, we stand out as leaders in our field of expertise. Our reputation is built on trust, excellence, and a deep commitment to our clients. This is reflected in over 1,500 five-star Trustpilot reviews, showing the real impact we have on people’s lives. Our clients trust us to deliver results, and we take that responsibility seriously.
If you think you have a claim contact us today for free initial legal advice. For a confidential chat with one of our helpful legal advisors call us or fill in a short enquiry form and we will be in touch.
Frequently asked questions
Other common questions that people have before making a passenger compensation claim.
How long will my claim take to settle?
The time taken to settle a passenger car accident claim can vary. It depends on many factors like:
- The severity of your injury
- What medical treatment is required
If there is a dispute on liability
There is no precise answer. Every person will be affected by the accident differently and no two cases are ever the same.
What if I wasn’t wearing a seatbelt?
You can still make a claim if you weren’t wearing a seatbelt at the time of the accident, however you might not receive as much compensation. This is known as contributory negligence – it’s when your compensation is deducted to reflect your partial responsibility for your own injuries. However contributory negligence is assessed depending on circumstances so your solicitors will assess and advise accordingly.
What are common injuries for a passenger?
As a passenger in a car accident, you could sustain several different injuries.
Some of the most serious are:
● Whiplash
● Fractures and broken bones
● Head and brain injuries
● Spinal cord injuries
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