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Accident in a minicab: can a passenger claim and who pays? (UK)
If you were injured or your property was damaged in a minicab or private hire vehicle accident, you have rights against both the driver and their insurer. This guide explains who is liable, how to claim, and what you are entitled to.
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E-E-A-T
Accident in a minicab: can a passenger claim and who pays? (UK)
Travelling as a passenger in a minicab or private hire vehicle (PHV) creates a specific contractual and duty-of-care relationship between you and the driver. If the driver's negligence causes an accident in which you are injured or your property is damaged, you have a claim - and the insurer cannot deny it simply because you were in the vehicle rather than in another car.
This guide explains who is liable when a PHV accident injures a passenger, how the insurance works, how to handle a situation where both drivers were partly at fault, and what you need to do at the scene and in the days after.
The PHV driver's duty of care to passengers
A professional driver carrying a paying passenger owes that passenger a duty of care under both the law of negligence and the implied terms of the contract of carriage. The standard expected of a professional driver is that of a careful and competent driver exercising appropriate skill. Failing to observe a hazard, driving too fast for the conditions, or making a manoeuvre without adequate observation all breach that duty.
A passenger's claim against the PHV driver (and through them the insurer) does not require proof that the PHV driver was the only person at fault. If the PHV driver's negligence contributed to the accident, even if another driver was also negligent, the passenger can claim against the PHV driver for that contribution. The PHV driver's insurer and the at-fault driver's insurer then resolve the apportionment between themselves.
The contractual element of the relationship - you paid for transport and the driver contracted to deliver you safely - supports a claim in contract as well as in tort. In practice, most claims proceed in tort as the negligence framework is more flexible for assessing damages.
DETAIL
03
Section 3 of the walkthrough.
Insurance cover for PHV passengers
PHV operators and drivers are required under the Private Hire Vehicles (London) Act 1998 (and the equivalent Local Government (Miscellaneous Provisions) Act 1976 outside London) to hold motor insurance that covers passengers in the vehicle. The insurance must provide at least the statutory minimum third-party cover, which includes injury to passengers.
In practice, PHV insurers carry passenger liability cover that goes well beyond the statutory minimum, as passengers represent a significant liability exposure. If you were injured as a passenger in a PHV accident, the PHV driver's insurer is the correct defendant for your injury claim.
Where the PHV accident was caused by another driver (the PHV driver was not at fault), you can claim against the other driver's insurer as a passenger. You are not limited to claiming only against the PHV driver's insurer; the at-fault driver is liable to you just as they are to any other person their negligence has injured.
Where both drivers were at fault (a split liability case), you can claim the full value of your damages from either insurer, who then seek contribution from each other under the Civil Liability (Contribution) Act 1978. As the innocent passenger, you should not be caught between two insurers arguing about split liability.
If the PHV driver was at fault
Claim against the PHV driver's insurer for your personal injury, any property damaged (phone, laptop, clothing), and any consequential losses (missed work, medical expenses, transport costs arising from the injury). The claim is referred to an authorised solicitor with your consent for the personal injury element.
The PHV driver's negligence does not require them to have been convicted of an offence or to have admitted fault. If they drove carelessly and caused the accident, the evidence (dashcam, police report, witness accounts, medical records) establishes the negligence.
Do not accept any payment from the PHV driver directly or any offer from their insurer at the scene or in the days immediately after. Early offers are often below the value of a properly quantified injury claim.
If another driver caused the accident
If the PHV vehicle you were in was hit by another driver, your claim is against the other driver's insurer. You were an innocent passenger in a vehicle that was struck; the at-fault driver's insurer is responsible for your injury and property damage.
You can also claim against the PHV driver's insurer where the PHV driver contributed to the accident. However, where the PHV driver was entirely non-fault (for example, stopped at traffic lights when rear-ended), your claim is straightforwardly against the striking driver's insurer.
As a passenger, you are typically in a more straightforward legal position than either driver: you were not controlling the vehicle, you had no ability to avoid the collision, and you bear no fault. Insurer arguments about contributory negligence rarely apply to passengers unless there was some unusual conduct (for example, distracting the driver).
06DETAILKey takeaway
What to do immediately after a PHV accident
Ensure your own safety first. If the vehicle is in a dangerous position, leave it carefully. If you are injured, do not move unnecessarily and call 999.
Note the PHV driver's details: name, PHV licence number (usually displayed on the vehicle's dashboard or licence plate), vehicle registration, and operator name (usually on the vehicle's signage or the app booking screen). Note the other driver's details if another vehicle was involved.
Photograph any injuries, the vehicle damage, the road layout and both vehicles. Record your pain level and symptoms in a contemporaneous note immediately after the incident; medical evidence of the injury onset will be relevant to your claim.
Seek medical attention at the earliest opportunity, even if your injuries seem minor. Soft tissue injuries (whiplash, back and neck strain) are the most common outcome of vehicle accidents and are often not immediately apparent. A GP record created within 24 to 48 hours of the accident is important medical evidence.
Contact an accident management company or specialist solicitor. As a passenger you are entitled to refer your injury claim to a regulated solicitor without cost to you under a conditional fee arrangement. An accident management company can coordinate your property damage and vehicle-related losses alongside the injury referral.
Take action
If you have just been in a non-fault collision, the fastest way to protect your claim is to open the file with us inside the first hour. We dispatch recovery, lodge the relevant CCTV requests inside the retention window, and notify the third-party insurer for you.
We do not provide legal advice. This article is general guidance for UK drivers. Personal injury enquiries are referred only with your consent to authorised legal or regulated partners. Specific limits, retention windows and process steps may change; the position at the date of any individual collision will govern the handling of that claim.
Frequently asked questions
- Can I claim if the PHV driver was also injured?
- Yes. Your claim is against the insurer, not the individual driver. The driver's injuries are a separate matter between themselves and the relevant insurer. Your claim proceeds against the PHV driver's insurer (if the PHV driver was at fault) or the at-fault driver's insurer (if the other driver was at fault).
- The PHV driver is claiming I distracted them - does that affect my claim?
- A passenger who actively and dangerously distracted a driver may bear some contributory negligence. Normal in-car conversation does not constitute contributory negligence. The PHV driver alleging distraction bears the evidential burden of demonstrating it.
- The app platform is saying the accident happened between bookings and their insurance does not apply - what do I do?
- If you were in the vehicle during a booking - you had made a booking and were being carried to your destination - the platform's Period 3 cover should apply. Platform insurance terms are often complex and disputed; a solicitor experienced in platform-economy claims can challenge a wrongful denial of cover.
- How long does a PHV passenger injury claim take?
- Claims valued under £5,000 for whiplash-type injuries follow the whiplash tariff and Official Injury Claim portal route, typically resolving in three to twelve months. Higher-value or more complex injuries proceed on the Fast Track or Multi-Track and take longer. A conditional-fee solicitor will advise on the likely timeline for your specific claim.
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