Passenger claim

Hi - my dad was the driver in an accident last week. Think the tyre had a blowout and the car dragged across the road, hit a pillar box and a brick wall. Back seat passenger was not wearing a seat belt and hence hit the headrest - she suffered a broken nose, bruising and had to have stitches on her forhead. She has now made a claim for personal injury - who pays - is it my dads insurance even though it would appear it wasn't his fault or will the lawyers try to prosecute him personally?