Claiming as a Passenger in an Accident

By Ayesha Salim

Passenger injuries normally occur when travelling as a passenger in a car, bus, or any other vehicle that has been involved in an accident. You do not have to be in the driving seat in order to make a claim. If you were in a vehicle in which the driver collided with another vehicle, you can make a passenger accident compensation claim.

In the majority of cases, the passenger is the innocent victim in the accident. Therefore, the passenger has a strong legal basis for being able to make a claim. It is the driver's responsibility to ensure the safety of its passengers by driving carefully. This principle also applies to other road users.

Claiming against the driver

If you were a passenger in a road accident and suffered terrible injuries, you should think about making a claim. Do not be put off even if it is against someone you know. You should note that as long as the driver has basic car insurance cover, and third party insurance, he or she will be covered for liability for injuries to other people in the car (including passengers), liability for damage to other people's property and liability for injuries to the occupants of other vehicles.

You may be feeling hesitant about making a claim against a close friend or family member, however you should note that your actions will not bear any negative repercussions on them. Most likely they will be making a claim on their insurance anyway, and their insurance provider will be liable to pay any compensation that you receive.

If more than one driver was involved in the accident you can bring a claim against them too. If the other driver was also responsible for the injuries you suffered as a result of their negligence, then you can make a claim against both of them.

You should note that the amount of compensation you will receive will be affected by whether or not you were wearing a seatbelt at the time of the accident. If you were not wearing one, be prepared for the fact that your compensation may be reduced as a result.

The driver making the other driver accountable too

If a passenger does make a claim for accident compensation against the driver, the driver can request that the driver of the other vehicle be also held accountable for the collision. This is usually beneficial for the defendant, as if he or she brings the other driver into the equation it may help reduce the amount of compensation he or she might have to pay. This way each driver is responsible for paying their proportion of the compensation to the victim.

The trauma of the accident can often lead to passengers feeling shaky and disorientated. Quite often, the accident would have happened so quickly that the passenger may not have had time to witness what exactly happened. This might particularly be the case for passengers travelling at the back of the car, whose vision may be more limited. This is why it is strongly advisable that you seek the advice of a solicitor, who will be able to go through the case with you, and inform you on whether you have a claim and who you should claim against. - 31397

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