If you have been involved in a car accident as a passenger and wish to make a personal injury claim for your resultant injuries, your legal position is usually a strong one. As a passenger, you can rarely be held responsible for the accident and are often entitled to recover the maximum amount of damages appropriate in your case.
However, there are limited circumstances in which a passenger may be found to have contributed in some way to their injuries and receive less compensation as a result. Examples include where your injuries were more extensive because you were not wearing a seatbelt, or where the accident was caused by the driver who you knew to be drunk.
Depending on the circumstances of the accident, you may be able to sue the driver of the car you were in, the other driver, or both, if each driver was partially at fault. You may have a claim against the vehicle manufacturer if the accident was caused by a mechanical fault, or the local council or highway authority if the accident was caused by issues such as unrepaired potholes. Essentially, you may be entitled to compensation from any party who owed you a duty of care, breached their duty and caused you harm as a result.