Injured car passenger

You were sitting in the car, not driving, when it crashed. Claiming can feel awkward if the driver is a friend, partner or family member. The feeling is understandable, but the claim does not work the way it fears.

Whose insurance actually applies

If your driver caused the crash, their insurer pays your claim, because the law requires their policy to cover a third party’s injury, and a passenger is a third party.^[1] The claim is against the insurance, not against them personally.

If another driver caused it, the claim runs against that driver’s insurer instead.

You do not need to work out fault yourself

You do not need to decide who was to blame. The police report, dashcam footage and witness accounts, including other passengers, usually establish it without you taking a side.

A passenger’s claim is usually simpler

You were not driving, so your own driving is not in question. This often makes a passenger’s claim more straightforward than the driver’s.

The honest limits

A seatbelt available but unused can still reduce your own compensation, separately from who caused the crash.^[2] It does not end the claim.

What to do next

Get treated, and keep in touch with any fellow passengers as witnesses. Passenger injury claim covers the process, and making a car accident injury claim explains the evidence involved.

An independent lawyer can handle the claim with the insurer for you, so it stays off your shoulders. Send the accident date, where it happened, whether anyone was injured (yes/no) and the police report status.