Other driver at fault
Claim proceeds against the at-fault driver's insurer. Passenger contribution to fault is almost never relevant.
If you were a passenger in a car accident, the answer is the driver or drivers whose negligence caused the crash.
Passengers are rarely at fault and typically have strong car passenger accident claims. Whiplash is a common injury for car passengers. You can make a passenger car accident claim against your driver's insurance provider, the other driver's insurer, or both if liability is shared. Drivers owe a duty of care to their passengers. The Road Traffic Act 1988 requires them to carry insurance so that claims can be met.
If your driver was at fault, even if a friend or family member, you claim against their motor insurance policy. This does not mean the driver pays personally, and it usually won't affect their licence. If the at-fault driver is uninsured, untraceable, or involved in a hit and run accident, you can claim through the Motor Insurers Bureau (MIB).
For guidance on how much compensation you can receive, see our dedicated passenger injury claim page and our UK compensation payouts guide.
£21 million recovered · 15 years specialist practice
100%
No Win No Fee
3 yrs
Time to claim
20%*
Success fee, not 25%
£21M+
Recovered for clients
*The 20% success fee applies to claims valued over £5,000. Lower-value claims dealt with through the Official Injury Claim portal are charged at a different rate, which we always explain clearly before you sign.
The answer depends on who caused the road accident:
| Scenario | Who you sue |
|---|---|
| Your driver was at fault | Your driver's insurer |
| The other driver was at fault | The other driver's insurer |
| Both drivers were partly at fault | Both insurers (liability split between them) |
| Your driver was uninsured | Motor Insurers Bureau (MIB) |
| The other driver was uninsured | Motor Insurers Bureau (MIB) |
| Hit and run, driver untraceable | Motor Insurers Bureau (MIB) |
In every scenario, you do not pay compensation personally to anyone. Liability is handled through insurance. As a passenger, the claim process is the same regardless of which vehicle you were in.
“The right defendant is whichever driver was at fault, as a passenger you keep every option open.
If the driver of the vehicle you were travelling in caused the accident, you claim against their motor insurance policy. This applies even if:
The personal relationship does not affect your legal right to claim. The claim is made against the driver's insurer, not against the person directly, and the driver does not personally pay your compensation. Most people are surprised to learn that claiming against a friend or family member's insurer is routine and does not damage the personal relationship in the way they fear.
The driver has a legal duty of care to ensure the safety of their passengers and other road users. If they fail in this duty and you are injured in the accident, you have the right to recover compensation for your injuries and other losses through a personal injury claim.
If a third-party driver caused the road accident, you claim against that driver's motor insurer. You are not required to claim through the vehicle you were travelling in; you pursue the at-fault party directly. This includes claims arising from taxi accidents or other public transport incidents where the driver was negligent.
“The police report is the fastest way to identify fault when both drivers deny liability.
If liability is shared between both drivers involved, for example a 50/50 split or a 70/30 split, both insurers contribute to your compensation proportionally. You do not need to resolve the liability split yourself. Your solicitor claims against both insurers simultaneously, and they negotiate the split between themselves.
Your compensation is calculated in full based on your injuries and losses, and the liability split between the drivers does not reduce what you receive. You claim your full entitlement, and the insurers divide responsibility between themselves.
This is one of the most common concerns passengers have, and one of the most misunderstood. Claiming against a friend or family member's motor insurance:
If you are seriously injured and your driver was at fault, not claiming can leave you without the financial support you need for treatment, rehabilitation, and lost income. The claim is against the insurance policy, not the person.
“You claim directly against the at-fault driver's insurer. Where the driver is uninsured or untraced, the Motor Insurers Bureau steps in.
You can still claim. If the at-fault driver had no motor insurance, fled the scene, or cannot be identified or traced, you may claim through the Motor Insurers Bureau (MIB), a body that compensates victims of uninsured and untraced drivers. Strict procedural requirements apply, including prompt police reporting, so early specialist advice is essential to protect your position. See our dedicated page: claiming against an uninsured driver.
Do not worry if you were unable to gather everything at the scene, as we can trace evidence after the fact. Acting quickly protects the strongest evidence.
Rarely, but it can happen in specific circumstances:
In most passenger cases, no contributory negligence applies. Where insurers attempt to argue it, we challenge this with evidence.
Even injuries that initially seem minor can have lasting effects and are valid grounds for compensation.
For detailed guidance on typical compensation amounts, see our passenger injury claim page and our UK compensation payouts guide.
Many personal injury solicitors, including those at Hannah Gold Solicitors, offer No Win No Fee services through a Conditional Fee Agreement (CFA). This means you do not pay legal fees upfront, or at all if your claim fails. This arrangement makes pursuing a compensation claim accessible, removing the financial risk and the barrier of upfront legal costs.
Members of APIL (the Association of Personal Injury Lawyers) and regulated by the Solicitors Regulation Authority.
“Where the vehicle was a taxi, PHV or bus, the operator's CCTV and telematics are the priority disclosure request.
Who you sue
Claim proceeds against the at-fault driver's insurer. Passenger contribution to fault is almost never relevant.
You can sue your own driver's insurer. Nothing comes out of their pocket, the policy pays.
Both insurers share liability. You still receive full compensation; the insurers apportion between themselves.
The claim is against their insurance, not them personally. Insurers are contractually obliged to pay.
The Motor Insurers Bureau uninsured-driver scheme steps in to pay your compensation.
If the at-fault driver leaves the scene, the MIB untraced-driver scheme still covers your losses.
How much compensation can you claim as an injured passenger?
Read Guide →MIB claims for uninsured and hit-and-run drivers.
Read Guide →The full RTA hub.
Read Guide →Full JCG-based payout ranges across every injury type.
Read Guide →Senior solicitor handling. No Win No Fee. Serving clients across England and Wales.
£21 million recovered · Established 2011
No Win No Fee means you pay nothing upfront and nothing at all if your claim does not succeed. If you win, a success fee is deducted from your compensation. On most personal injury claims we charge 20%, lower than the 25% maximum many firms apply; some lower-value Official Injury Claim portal cases are charged at a different rate, which we always explain clearly before you sign.
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