Who can make a car accident claim?

Road User, Passenger, Children, The Deceased

Anyone can make a car accident claim for an injury they receive as a result of a road traffic accident provided it resulted from the negligence of other(s).

Road User

  • A road user, a driver, pedestrian, motorcyclist or cyclist can claim if the road accident was not their fault and your car accident claim would be made against the insurance company of the person driving the vehicle; which caused your injury

Passenger

  • A passenger can claim 
  • Either on the insurance of the driver of the car in which they were travelling or the other driver (or both) depending on who was responsible for the crash.
  • Injured passengers always can make a car accident claim if they are involved in a collision, as another party is almost invariably deemed responsible. 
  • If the driver of the vehicle they were travelling is deemed responsible for the car crash, passengers should not be dissuaded from claiming from any sense of loyalty to the driver.

Children injured in a road accident

If a child is injured in an accident, they will not be able to bring a compensation claim on their own behalf as they lack 'legal capacity'. Children under the age of eighteen are not entitled to bring an action in their own right. An adult would be appointed to act on behalf of the child.
 
See Litigation Friend - Practice Direction – Litigation Friends - Ministry of Justice

The Deceased, Claiming for a dead relative

In some circumstances it may be possible to claim for the death of a relative or upon someone on whom you are dependent.

Information about some of the more common types of car accident claims are contained within the following sections: