If your passenger was injured – can they claim? Yes. If you are are carrying a passenger in your car and he or she is injured in a road traffic accident they have every right to make a claim for passenger injury compensation. What is more, the claim will be against you if the accident was your fault.
It does not matter if the injured passenger is a friend or relative they should still make a claim for compensation if they suffer an injury because of your driving. The injury could lead to them having to take time off work and a loss of earnings, so compensation is paid to help cover such costs. If their injuries are more serious, possibly life-changing, the money they receive will enable them to adapt their lifestyle and live as comfortably as possible.
The message to an injured passenger is clear; do not be afraid to lodge a passenger injury claim against the driver just because you know or are related to him or her. Members of the same family have been known to lodge claims against one another in such circumstances. The fact is it will be the insurance company that has to pay out, not the driver.
What a passenger should do make to a claim
Firstly, the passenger must not be responsible for causing the accident. Only innocent parties can claim personal injury compensation. Unless he or she deliberately distracted the driver and thus contributed to causing the accident, the passenger is very unlikely to be liable.
Secondly, the passenger seeking to make the claim should take legal assistance. Our lawyers and staff are experienced in dealing with such cases and will help manage a passenger injury claim.
Information that might help a claim succeed
A passenger injured in a road traffic accident should try to obtain as much information as possible about the incident. This information will help our legal team pursue the claim. The names and addresses of anyone who witnessed the accident should be noted and if the police investigate the incident it is also worth taking the name and force number of the investigating officer. His or her report will be useful in helping support the compensation claim.
Other information that could be helpful includes footage of the accident from any CCTV cameras in the vicinity, along with pictures taken on a camera or mobile phone camera, showing damage to the vehicles and the condition of the road at the time.
See a doctor
As soon as possible after the accident the passenger should see a doctor and request a thorough physical examination; the doctor’s report will include details of any injuries. This report will be added to the information our legal team holds to help support the case. Even if the passenger feels OK after an accident it is always best to visit a doctor to ensure no injuries have been suffered.
What will our legal representation cost?
We represent our clients on a no win, no fee* basis. This means the client will not be left with a legal bill to pay if his or her claim for passenger injury compensation is unsuccessful.
Date Published: September 24, 2013
Author: David Brown