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.
You have a right to make a claim as in the majority of cases, passengers are the innocent party. The driver is ultimately responsible for ensuring the safety of his passengers, and should anything happen to them, he has to be prepared to face the consequences.
Claiming against the driver
Many passengers are reluctant to make a claim against the driver as it might be someone they know or are close to. However 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.
It is natural if you are feeling reluctant about making a claim against someone you know, however your actions will not bear any negative repercussions on them. They will most likely be making a claim on their insurance anyway, and their insurance provider will be liable to pay any compensation that you receive.
If there was more than one driver involved, you can make a claim against them too. It is not just limited to one driver.
Whether or not you were wearing a seatbelt at the time of the accident will have an important bearing on the amount of compensation you will receive. Do not be surprised if the compensation is reduced as a result of you not wearing a seatbelt.
Making the other driver accountable too
Once the passenger makes a claim for accident compensation against the driver, it is possible that the driver request that the other driver also be held responsible for the accident. If it can be proven that the other driver was also partly responsible for the accident occurring then it might reduce the amount of compensation the driver may have to pay. This way both drivers take accountability for paying compensation to the victim.
Passengers are often distraught in the aftermath of a car accident. In most situations it happens so quickly that it is difficult to witness what actually happened. This is particularly applicable for passengers travelling in the back of the vehicle due to limited vision. It is best that you seek legal advice from our solicitors if you have been involved in an accident as a passenger. This way you will know your options and the right way forward.
Ayesha Salim , editor of the UK Lawyers Network, writes articles about compensation claims, Lawyer, Travel accident claims, find a solicitor, legal, lawyer, law help advice, solicitors litigation
