December 31, 2009 by Ayesha Salim
If you have obtained terrible injuries as a result of being a passenger in another person’s vehicle, you have a right to make a claim for compensation. It is not necessary to be in the driving seat in order to make a claim. If the vehicle you were in 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
If you were involved in a vehicle accident as a passenger and obtained terrible injuries, you should bring forward a claim, even if the driver is someone you know. You should remember 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 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.
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.
The driver 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.
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.
Ayesha Salim , editor of the UK Lawyers Network, writes articles about solicitor, Personal injury Lawyer, Travel claims, find a solicitor, legal, lawyer, law help advice, solicitors litigation
