As the passenger was not driving, the accident could not in any way have been caused by them. Either the driver they were with or some other driver involved in the accident will usually be held responsible for a passenger injury claim. A passenger can sue their own driver where he/she is at fault even though the driver may be their partner, parent or some other family member.
Their insurers will be responsible for dealing with the passenger injury claim and paying out any compensation. You should therefore not hesitate to bring a claim where the accident was the fault of your partner or another family member. If a child has been injured, their other parent or guardian can assist them in bringing the claim against the parent who was driving.
For more, please go to Accidents to Children.
If you were not wearing your seatbelt at the time of the accident and are worried about whether you can bring a Passenger Injury Claim, please go to Seat Belts.
This is happening increasingly where the opposing insurers contact the victim early on encouraging them to settle early and not seek independent legal advice. The danger is that if you settle too early the full extent of your injuries may not be known. You may accept £1,000 or £1,500 now but your injuries could be worth considerably more. There are also headings of claim of which you may be unaware. Once you have settled your claim it is usually not possible to re-open it. If you do not obtain advice, you run the risk of settling your claim for too little.