Yes, a car passenger can recover damages, no matter who is driving

The compensation is paid for by insurance policies, not the driver responsible for your injuries

There’s a lot of advice out there for many different road users – from drivers to cyclists to pedestrians and even horse riders. But for some reason, there doesn’t seem to be a lot of information to help vehicle passengers.

And why not? The law is not more complicated for them… So Mairi Day, Partner at Digby Brown Solicitors in Edinburgh, will help explain things.

Being the passenger in a car, work van, taxi or any public transport means putting your trust – and your life – in the hands of every other person behind the wheel. Your safety is quite literally in the hands of others.

This is why, in nearly all cases, a car passenger’s injury is going to be linked to the negligence of someone else, whether that was their own driver or the driver of another vehicle.

In most cases the only things a passenger is really in control of is wearing a seatbelt, not getting in the car if they know their driver is under the influence and not distracting their driver or other road users.

It doesn’t matter who was driving the vehicle you were in or what kind of vehicle it was. The only thing that matters is you were a passenger and someone else was responsible for your safety.

We know what you’re thinking…

“But what if my friend or loved one was driving?”

“What if I was in a work van?”

“What if I was in a hire car?”

“What if I was in a taxi, Uber or a bus?”

A key thing to note here is the driver responsible for your injuries does not personally pay for your compensation. Your compensation is paid for by insurance policies, which after all is the whole point of having insurance.

It doesn’t matter if it’s a friend, spouse, family member, or work colleague… your injury claim is not paid by them, only their insurer (or in the case of an uninsured driver, the Motor Insurers Bureau).

The connection to the driver is just circumstantial and does not stop a passenger seeking legal advice. Consider the following (loose) examples….

Scenario 1 – You were injured as a passenger after your friend was speeding, left the road and crashed (and no other vehicles were involved). Your friend was responsible for the crash so their insurance policy would likely compensate you.

Scenario 2 – Your spouse is driving as you go to the shops when another car fails to stop at a red light and crashes into you. Your partner is not injured but you are because the car hit the passenger side. In this case, the driver of the other vehicle would be liable and their insurer would have to pay your injury compensation.

Scenario 3 – You’re picked up by the work van on the way to a job and your colleague who is driving goes into the back of another vehicle because they were using a mobile phone and not paying attention. Your colleague would be liable for the crash but it is a company van, so it’s the insurer for the van that pays your injury claim – not your actual employer.

Scenario 4 – If you were a ride-hailing service passenger in an accident, then we would pursue your claim against the at-fault driver (whether it was your cabbie or the other driver who hit you). Likewise, if you were considering a bus passenger accident claim then your case would either be against the bus company or (you’ve guessed it) the other driver who hit the bus.

In my experience there are only really two situations where a passenger might face a challenge in recovering compensation:

1 – they did not wear a seatbelt

2 – they willingly got into a vehicle despite knowing the driver was unfit to be behind the wheel (such as after drinking alcohol)

In these circumstances, it can be common for the insurance company to argue contributory negligence should apply, which is when the passenger knew what they were doing was wrong and should accept a degree of responsibility for their own injuries. It doesn’t mean a passenger will get no compensation but it can result in a deduction.

The key lessons therefore are:

Do your part to be a responsible passenger (like wearing a seatbelt)

You can seek legal advice no matter who was driving

Car passenger injury compensation is paid by insurers – not the at-fault driver

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