Can a passenger claim for whiplash?

One of the most common questions that we’re asked regarding road traffic accident claims is can a passenger claim for whiplash?

Whilst there is no definitive answer to this query, it may be possible to make a claim for compensation if you can prove that someone other than yourself is at least partly responsible for the accident, and your injury.

Unlike drivers, in almost all cases it is very unlikely that a passenger will be held accountable for the accident.

I was a passenger – What can I do to strengthen my whiplash claim?

To strengthen your claim, it’s advisable to contact the police following a road accident – this means that they will take a detailed account of what happened, which can be used as evidence for your claim. It’s important to give the police a detailed account of what happened in your eyes, so try to remember all the details of what happened – however insignificant.

It’s advisable to gather as much information of the accident as possible. You could do this by:

  • Recording the details of all vehicles involved
  • Recording the time, date and weather conditions of the incident
  • Getting the insurance details of all the drivers involved
  • Taking photographs
  • Making a note of any additional circumstances, e.g. if a driver has been drinking or using their mobile phone at the wheel

Keep any medical records

If you require medical treatment after the accident, it’s important to keep hold of any medical records, as well as any medication that’s prescribed. Also keep a record of any losses you’ve experienced due to the accident, for example travelling to and from the hospital or time off work.

The driver responsible is a friend or relative – will this affect our relationship?

One of the main reasons that passengers hold back from making a claim is that the driver liable for the accident is a friend or relative. While we can’t advise you on whether or not making a claim will affect your relationship with the driver, we can say that it’s usually the driver’s insurance company that will pay any compensation – so you won’t be leaving the driver out of pocket.

For more information on making a whiplash claim, please don’t hesitate to contact one of our experienced personal injury solicitors today.