If you have been injured as a passenger in a car accident in the UK, you can almost always make a passenger injury claim for compensation. As a passenger you were not driving and are almost never at fault. You claim against whichever driver caused the collision, via their motor insurance — even if that driver is a friend or family member. The insurer pays, not the driver personally. If the driver was uninsured or untraced, the Motor Insurers' Bureau (MIB) can compensate you. You have three years to claim.
Passengers are in a uniquely strong position in road traffic accident claims. Unlike drivers, you were not controlling the vehicle and bear no responsibility for the collision. Yet many passengers hesitate to claim because the driver is someone they know. This guide explains why you should not hold back, how the insurance system works, what happens about seatbelts, and the compensation you may receive. We are an independent information service, not a law firm.
Your right to claim
Under UK law, every driver must hold motor insurance that covers injuries to third parties, including passengers. When a driver's negligence causes an accident, their insurer pays the compensation. Claiming as a passenger is not the same as suing your friend or family member — the money comes from the insurance company.
If both drivers were partly at fault, both insurers may contribute. As a passenger you claim your full compensation regardless of how fault is split between the drivers.
Who do you claim against?
| Scenario | Claim against |
|---|---|
| Your driver was at fault | Your driver's motor insurer |
| The other driver was at fault | The other driver's motor insurer |
| Both drivers partly at fault | Both insurers (they apportion liability between them) |
| Driver uninsured | Motor Insurers' Bureau (MIB) |
| Driver unknown (hit and run) | MIB untraced drivers' agreement |
Seatbelt and contributory negligence
If you were not wearing a seatbelt in a vehicle fitted with one, the court may reduce your compensation for contributory negligence. The landmark case Froom v Butcher [1976] established reductions of typically 25% where the seatbelt would have prevented the injury entirely, or 15% where it would have reduced but not prevented it. You can still claim — the reduction is only partial.
⏰ Exception: taxis without rear seatbelts
Some older hackney carriages (black cabs) do not have rear seatbelts fitted. You cannot be penalised for not wearing a seatbelt that does not exist. In such cases, no contributory negligence deduction applies for the seatbelt issue.
How much compensation?
Compensation depends on the injury, not on whether you were a passenger or driver. For whiplash-only RTA claims, the fixed tariff applies (£275–£4,830 for injuries up to 2 years, under the Whiplash Injury (Amendment) Regulations 2025). More serious injuries are valued under the Judicial College Guidelines (17th edition, 2024). Special damages for lost earnings, treatment and care are added on top.
Time limits
Three years from the accident under the Limitation Act 1980 (England and Wales). Children have until age 21. See our time limits guide.
Getting help
We are not a law firm. Use the SRA register and Law Society "Find a Solicitor" to find a personal injury solicitor experienced in RTA claims. Citizens Advice provides free guidance.
Frequently asked questions
Can I claim compensation as a car passenger?
Yes. Passengers are almost never at fault for a road accident. You can claim against whichever driver caused the collision, via their motor insurance. It does not matter whether the at-fault driver is a friend, family member or stranger. The insurer handles the claim, not the driver personally.
What if the driver was my partner or family member?
You can still claim. Many people hesitate because they think they would be taking money from a loved one, but the compensation comes from the driver's motor insurance policy, not from the driver personally. This is one of the purposes of compulsory motor insurance.
What if I was not wearing a seatbelt?
You can still claim, but your compensation may be reduced for contributory negligence. The typical reduction is 15 to 25 percent, depending on whether wearing a seatbelt would have prevented the injury entirely or only reduced its severity. The leading case is Froom v Butcher (1976).
What if the driver was uninsured or fled the scene?
You can claim through the Motor Insurers Bureau (MIB), which compensates victims of uninsured and untraced drivers. The MIB process is slower and has specific notice requirements, so seek advice promptly.
Can I claim if both drivers were partly at fault?
Yes. As a passenger you were not driving and bear no responsibility for the collision. Both drivers' insurers may contribute to your compensation. Your solicitor will determine the split of liability between the drivers.
How long do I have to claim?
Three years from the date of the accident under the Limitation Act 1980 in England and Wales. For children, time does not start until they turn 18.
Get help from official, free sources
- Solicitors Regulation Authority (SRA) — check a solicitor is regulated
- Motor Insurers' Bureau (MIB) — claims against uninsured/untraced drivers
- Citizens Advice — free, impartial guidance on your rights
Related guides: road traffic accident claims, rear-end collision claims, taxi accident claims, whiplash claims, MIB claims, and no win, no fee explained.