These days, a large number of claims involve compensation for injured passengers following road traffic accidents. Typically, passengers involved in car accidents suffer whiplash, spinal injuries, head injuries, broken bones, burns and amputations. Some accidents unfortunately even result in fatalities, leaving behind devastated families. In such cases, family members may be entitled to make a fatal injury compensation claim.
If you have been injured in a road accident due to someone else’s negligence, you may be able to make a claim, regardless of whether you were a passenger in a taxi, in a privately owned vehicle or travelling on a public transport vehicle. However, there are several things you need to know before filing your claim for compensation.
Who is at fault?
Since most passengers involved in road traffic accidents are innocent victims, the UK law entitles them to file a claim against the driver who was to blame. In this situation, the person against whom you can make your claim is either the driver of the vehicle in which you were travelling or another person who caused the accident, including other passengers.
However, it is very important that you understand that there are certain circumstances when the passenger can be held responsible for their injuries, even though another person has caused the accident. For example, if the driver responsible is able to prove that the passengers in the other vehicle were injured because they were not wearing their seatbelts, they may only be held partially responsible for the injuries the passengers sustain. The compensation you may receive in this case would be significantly lower than the average amount, because you have partially contributed to your own injuries.
There are several steps you must follow in order to make a passenger injury compensation claim. Firstly, you must obtain the police report, which contains statements from the parties involved in the accident and eyewitnesses. Generally, the report also specifies the condition of the vehicles involved in the accident, along with road and weather conditions.
The next thing you should do after obtaining the police report is to get your medical report and send a claims letter to the defendant, who is usually the at-fault driver. The letter must include a summary of the facts relating to the accident and the nature of the injuries you sustained. Regardless of whether or not the defendant responds to the letter of claim within 21 days, you have the legal right to commence legal proceedings, as this is the legal timeframe to send a response to the accuser. It is very important to gather all the relevant documents supporting your case before instigating court proceedings.
How can we help you?
Although you can file a claim for injured passenger compensation without our help, approaching Accident Advice Helpline is one of the best decisions you can make, because we are able to provide expert advice on the viability of your claim. Additionally, we will do our utmost to ensure you receive the maximum amount of compensation. Call us today on 0800 689 0500 from a landline or 0333 500 0993 for more information.
Date Published: October 12, 2013
Author: David Brown