If you have been injured whilst travelling as a passenger in a vehicle that was involved in a road accident you are entitled to make a passenger accident compensation claim.
In almost all cases, a passenger will be the entirely innocent party in any road traffic accident that he or she was involved in. This makes the prospect of success for a passenger injury claim, very high.
Being injured as a passenger is no less a harrowing an experience, than for the driver of the car or other mode of transport. Sometimes it can be worse for passengers. They never have element of control over whether the accident happens or not and often are taken totally unawares, for instance if they were reading or sleeping when the accident happened.
Mooneerams have over 18 years’ experience of helping injured people to make passenger accident compensation claims whilst they were passengers in all kinds of transport, including;
Passenger in a Car or Van
If you are a passenger in a car being driven by someone else and suffer injuries when the car is involved in an accident, you will be able to make a successful claim for compensation. As a passenger you will almost without exception, be the innocent party. If the driver of the vehicle that you were a passenger in was at fault, then your claim will be made against him or her.
If the accident was the fault of another driver then your claim will be made against that person.
Sometimes it is not always easy to tell who is at fault for an accident. Sometimes both drivers (or more in the case of a pile-up) may share some responsibility. If you would like to talk with us, to find out whether we think that you have reasonable prospects of making a claim and against which of the drivers’ then you can contact us on 029 2048 3615. One of our solicitors will talk with you about the accident circumstances and let you know there and then, whether they think you have a valid claim.
Some people can be put off from claiming against the driver of the vehicle that they were the passenger in, especially if it’s a family member or a friend. It is worth remembering that the compensation claim will be paid out by the driver’s insurance company, not by the driver personally.
Sometimes road traffic accidents can happen without there being any other vehicles involved. For example, the driver of the car that you are travelling in may lose control of the vehicle and collide with a stationary object or turn the vehicle over, if travelling too fast. As a passenger you will still be able to make an injury compensation claim against your driver, even if there is no other vehicle involved other than the one that you are travelling in.
Pillion Passenger on a Motorcycle
If you are a pillion passenger on a motorcycle and suffer injuries as a result of an accident that happens whilst you are on the bike, then the principles for making a claim, are the same as those for making a car or van passenger compensation claim.
Passenger on a Bus
If you have had an accident whilst a passenger on a bus, then it is probable that the accident happened in one of the ways described in the sections above (car passenger claims and motorcycle passenger claims).
Sometimes bus passenger injury claims can also happen when;
The bus driver starts to move away too soon from a bus stop, when you are in the process of getting off the bus, causing you to fall and injure yourself. The driver owes all his passengers a duty of care to ensure their safety whilst they get on, off and whilst they remain on his vehicle.However, he owes a particular duty of care to ensure that vulnerable passengers, such as the elderly or those who are disabled or are immobile, have plenty of time to get on and off the vehicle before the vehicle moves away
You injure yourself as a result of careless driving by the bus driver eg, the driver brings the bus to a stop too quickly, or drives too fast causing you to fall over or fall from your seat, injuring yourself in the process
Passenger on a Coach
Coach passengers are vulnerable to accidents being caused in much the same way as passengers on buses. Passengers on coaches sometimes suffer injury from luggage falling from overhead storage compartments, as a result of sudden movements of the coach or as a result of severe braking by the coach driver. If that happens, then you may be able to make a claim should the luggage fall on to you and cause you injury.
Passenger in a Taxi
When you get into a taxi, whether it be a black cab or private hire vehicle, you are putting your faith in the trust of a driver that is unknown to you, to ensure that your fare paying trip passes with incident. Most taxi drivers are competent drivers. They owe a duty of care to ensure your safety as a passenger in their cab.
Unfortunately taxi accidents do happen and when they do, passengers sometimes get injured. If you’ve been inured whilst a passenger in a taxi, you are entitled to make a claim for taxi accident compensation, whether the accident was the fault of the taxi driver or of the driver of another vehicle.
What to do if you are Injured in an Accident Where You are a Passenger
The extent and type of injury that you suffer, will determine whether you need to be taken or get yourself to hospital straight away. After the accident happens, if you are fit enough to do so, it is important that you get the details of all the drivers that were involved in the accident, including those of the driver of the vehicle that you were travelling in.
You will need to get their names, their telephone numbers, their addresses (if you can) and also their insurance details if they have these to hand at the time (if not try and get them by calling them in the days following).
Take a note of where the accident happened
As soon as you are able to, write down how the accident happened
Ensure that you get medical treatment as soon as possible
You may be unsure as to who was the blame for the accident. Contact the expert taxi accident solicitors at Mooneerams on 029 2048 3615. By talking to them about the circumstances of the incident they will be able to advise you fully. If you decide that you want them to take your claim on for you, they will then get the ball rolling by making contact with the insurers of the driver or drivers they consider to be responsible for the accident.
What if the Driver of the Vehicle I was a Passenger in was Under the Influence of Alcohol or Drugs?
Although not always the case, this is most likely to be an issue when the driver of the vehicle that you are a passenger in, is known to you – so a family member, a friend or a friend of a friend. For example, you accept an offer of a lift from a friend who then causes an accident in which you are injured. The police attend the scene and the driver is tested for drugs or alcohol. A positive reading for drugs or alcohol is made and the driver is arrested and subsequently found guilty of an offence of driving whilst unfit due to the presence of drugs or alcohol.
If you decide to bring a claim for personal injury against that driver, your friend, how will his conviction for the offence, affect your claim for injury?
It all depends on whether you knew that the driver was driving whilst under the influence of drugs or alcohol.
If you did, then your injury claim for compensation may be reduced for what is known as contributory negligence. The amount your claim is likely to be reduced by will be 20%. The deciding factor is whether you knew that the driver had consumed enough alcohol or drugs to impair his capacity to drive safely.
If you were injured in an accident where your driver was responsible for an accident and was found guilty of driving with excess alcohol or drugs, then contact us on 029 2048 3615 for further advice.
If the accident was caused by another driver, that is, not the driver of the car you were in, then you will still be able to make a claim against the other driver for compensation for any injuries that you suffer in the accident.
How Long do I Have to Make a claim?
In England and Wales you have to have started your pedestrian accident compensation claim within 3 years of the date of the accident.
At Mooneerams, we only act for injured claimants. That means we do not act for insurance companies in defending claims.
Call Mooneerams now on 029 2048 3615 if you have been injured in a passenger accident within the last 3 years. Alternatively fill in one of our quick claim forms or email us at email@example.com and we’ll get straight back to you.
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By Carl Waring|2022-05-13T10:54:06+01:00May 13th, 2022|