Passenger in an Accident where Driver Loses Control but no Collision – can I still Claim?

Generally speaking, as a passenger in an accident, you have an almost guaranteed claim unless you were somehow to blame. In the vast majority of circumstances there isn’t anything you could have done to have prevented or contributed towards an accident as a passenger.

But can you still claim if the driver loses control of the vehicle but regains control and avoids a collision? Can you still claim if the swerving of the vehicle or the vehicle coming to a sudden stop has injured you?

You can still claim

There doesn’t have to have been a collision – the act of a vehicle swerving violently or coming to a sudden stop can cause injury just as much as a collision. Being thrown violently from side to side or lurching forward when a vehicle suddenly stops is, in essence, the same action that causes a whiplash injury in a collision.

But there still has to be negligence – i.e. the driver still has to be at fault. If they swerved or stopped because they weren’t paying enough attention to the road ahead, then you could claim from them. However, if the driver swerved or stopped to avoid another hazard, like another vehicle pulling out in front of them, then the driver may not be at fault.

If they took the correct action in avoiding a collision by bringing the vehicle to a stop or manoeuvring it out of the way, it’s likely this is seen as a necessary action to avoid an accident.

You can however claim from the vehicle that was at fault in forcing your driver to take aversive action.

What if the other driver details aren’t known?

This can be common as people don’t generally stop and exchange details unless an actual collision took place. This can land you in a spot of bother as the other vehicle may drive off without a trace. But you may still be able to claim.

If you were a bus or coach passenger, they may have CCTV onboard which could identify the other vehicles registration number. If you act quickly enough, a nearby shop may have footage or a street camera may have caught it.

If this is not an option, then you may be able to claim using the Motor Insurers Bureau (MIB) Untraced Driver Scheme. The MIB investigate and can pay out to victims of untraced negligent vehicles. So there is still the option for claiming.

However, you need to act fast, because:

• CCTV is normally erased after just a few weeks.
• You must have reported the incident to the police and had medical attention straight away to be able to claim from the MIB. Failure to do so can mean they will not pay out.