The law states than anyone injured in an accident that was not their fault has the right to claim for compensation. This naturally also applies to passengers injured by motoring accidents.
In other words, if you received a passenger injury in an accident involving any type of vehicle, you are in a good, strong legal position for successfully claiming passenger compensation. Types of vehicles include:
- Cars (both private and taxis)
- Boats/ ships
Passenger compensation in road traffic accidents
Drivers have the duty of care to ensure their passengers are safe by driving in a responsible manner. This means if you were in the vehicle responsible for the accident, you may claim for compensation against the driver’s insurance.
If the driver is not insured, you may still be able to claim passenger compensation. This, of course, is only the case if you were unaware of the fact that the driver was uninsured before the accident.
You may also be able to claim for passenger compensation if you were not wearing a seat belt at the time of the accident. It is, however, highly likely that this will result in the amount of compensation you receive being reduced.
Time limits on claims for passenger injury
Claims for personal injury compensation must be initiated within three years of the accident causing the injury. There are some exceptions to this rule, however. If for instance, you were under the age of 18 at the time of the accident, the three year period will not begin until the date of your 18th birthday.
In a similar manner, if you were being treated under the Mental Health Act at the time the motoring accident occurred, the period will not start until you are discharged or your condition improves.
Occasionally, injuries are not immediately visible, although this is comparatively rare in road accidents. In this case, the three year limit will commence from the date the injury is first noticed/ diagnosed.
Making claims for injury compensation
If you were injured as a passenger, you should call Accident Advice Helpline and speak to one of their advisers to determine if you are eligible to claim.
Advisers are friendly, helpful and experienced. Calls are free, available 24/7 and confidential. They are also free from obligation to proceed with a claim.
If you do decide to proceed, you will be provided with no win, no fee legal assistance of the highest quality to ensure you receive the compensation you deserve as soon as possible.
So for expert legal advice about a possible claim call Accident Advice Helpline today on: 0800 689 0500 from a landline or: 0333 500 0993 from a mobile.
Date Published: November 3, 2013
Author: David Brown