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Passenger Accident Claims UK

England & WalesLast reviewed 18 September 2026

A passenger injured in a car crash can claim from the insurer of the driver who was at fault, including the driver of the car they were in. That usually means a friend or relative's insurer pays, not the individual, and the law prevents the insurer arguing you knowingly accepted the risk.

Claiming Against Someone You Know

Direct Answer: Many passengers hesitate to claim against a friend or family member, but the claim is against their insurance policy, which exists to pay such claims, and it does not usually cost the driver personally.

The driver's insurer handles the claim. The driver's premium may be affected, but they are not asked to pay you from their own pocket unless they were uninsured. You can also choose to claim against the driver of another vehicle if they caused the crash.

No 'Accepted the Risk' Defence

Section 149 of the Road Traffic Act 1988 stops an insurer relying on the argument that a passenger voluntarily accepted the risk of travelling in the vehicle, which the law would otherwise call volenti non fit injuria. It means the claim cannot be defeated on that basis, although contributory negligence can still reduce damages, for example if you knew the driver was drunk, or were not wearing a seat belt.

If the Driver Was Uninsured

Where the driver had no insurance, the MIB may compensate you under the Uninsured Drivers Agreement, but a claim can be refused if you knew, or ought to have known, that the vehicle was uninsured or stolen.

Frequently Asked Questions

Can I claim if the driver of my own car caused the crash?

Yes. You claim against their motor insurer, who deals with it under the driver's policy. It is a normal and common type of claim.

Will the driver have to pay me personally?

Not usually. Compulsory motor insurance pays the compensation. The driver may see their premium rise, but the insurer handles the claim.

Can the insurer say I accepted the risk of getting in the car?

No, section 149 of the Road Traffic Act 1988 prevents that defence. They can still argue contributory negligence, for example if you were not wearing a seat belt or knew the driver was over the limit.

What if I knew the driver had been drinking?

You can still claim, but a court may reduce your damages to reflect your own carelessness in getting into the vehicle. The size of any reduction depends on what you knew and the circumstances.

What if the driver had no insurance?

The MIB may compensate you, though it can refuse where the passenger knew or ought to have known there was no insurance. Speak to a solicitor before contacting the MIB directly.

Can I make a passenger accident claim on a no win no fee basis?

Usually, yes, if a solicitor thinks the claim has reasonable prospects. Under a Conditional Fee Agreement you pay no solicitor fees if the claim loses, and if it wins a success fee is deducted from your damages, capped at 25% of general damages and past losses in personal injury cases. Low-value whiplash claims through the OIC portal work differently, so ask about costs before you start.

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

  4. Road Traffic Act 1988, s.149 (avoidance of certain exceptions to policies)

    A passenger's claim against the driver's insurer cannot be defeated by the argument that the passenger voluntarily accepted the risk of travelling in the vehicle (volenti non fit injuria). Contributory negligence can still reduce the award.

  5. Motor Vehicles (Wearing of Seat Belts) Regulations 1993 (SI 1993/176)

    Sets who must wear a seat belt. Not wearing one when required can lead to a reduction in damages for contributory negligence.

  6. Motor Insurers' Bureau — making a claim (Uninsured and Untraced Drivers Agreements)

    The MIB is funded by the motor insurance industry and compensates victims of uninsured drivers (Uninsured Drivers Agreement 2015, accidents from 1 August 2015) and untraced drivers (Untraced Drivers Agreement 2017, accidents from 1 March 2017). The agreements set strict notice and application deadlines; read the current agreement or take advice.

  7. Limitation Act 1980, s.11 (personal injury actions)

    Three years from the date of the accident or the date of knowledge. Property damage such as a damaged vehicle is a separate claim with a longer six-year period under s.2.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
Checked for England & Wales by Edward & Amaury Solicitors — Solicitors regulated by the SRA (no. 800525) (verify on the regulator’s register).Review is recorded against the firm. The individual reviewer is not named on this page.
Review dates
Last reviewed 18 September 2026. Next review due 18 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Legal Aid, Sentencing and Punishment of Offenders Act 2012, ss.44–46 · in force from 1 April 2013

    Ended recoverability of success fees and ATE premiums from the losing party. Did not create or regulate CFAs.

  4. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.