Injured as a passenger: questions worth asking

Can passengers ask about an injury claim?

Yes. Being a passenger does not prevent you from asking for advice about an injury. Official Injury Claim, for example, can be used by eligible adult passengers with certain lower-value road traffic injury claims in England and Wales. Its eligibility rules should be checked before starting.

Your circumstances still need to be considered. The journey, accident, injury and available evidence will help an adviser explain which route may be appropriate.

What if I know the driver?

If the driver is a friend, relative or colleague, you may be worried about what making a claim would involve. Raise that concern at the beginning of the conversation rather than trying to resolve it yourself.

Ask who a claim would be directed to, what information would need to be shared and how insurance may be involved. Avoid relying on an assumption that there would be no effect on the driver or their policy: the answer depends on the circumstances.

What information should I keep?

Keep your own factual account, even if the driver has already reported the collision. Helpful details include:

• The vehicle you travelled in and any other vehicles involved
• The driver’s details and available incident references
• Where you were sitting and what you could see
• Photographs, witness details and any journey or booking records
• Information about your injury, treatment and related expenses

Do I have to use a solicitor?

Some eligible passengers can make and manage their own claim through Official Injury Claim free of charge, without appointing a solicitor. The service does not cover every injury or accident.

If you would prefer legal representation, ask about the service, funding terms and any charges or deductions before you agree. A useful first question is: which options are available for my circumstances, and why?