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Passenger injuries » Passenger injuries claims


What are passenger injuries?

Passenger injuries are basically personal injuries which could be suffered by anyone travelling as a passenger in a car, riding pillion on a motorcycle or travelling as a passenger on a mode of public transport such as a taxi, bus, coach, train, ferry or aeroplane.

If your travelling in the car of a friend or colleague, then they, as well as other road users, have a duty of care towards you. Similarly, if you are using public transport, the driver and the company that you are travelling with also owe you a duty of care.

Nine times out of ten, passengers are the innocent party when an accident occurs. But they are often the ones that suffer serious personal injuries that cause them substantial pain, suffering, distress and inconvenience. This means that they should be entitled to make a passenger injury compensation claim to recover damages and help them to continue with their lives.

Taking action against the driver or the company

If you have sustained passenger injuries then you should not be afraid of making a claim, even if the driver is a close friend or family member.

When considering car accidents, as long as your driver has the most basic car insurance cover, third party insurance, he or she will be covered for liability for injuries to other people in their car (including passengers), liability for damage to other peoples property and liability for injuries to the occupants of other vehicles.

This means that even if you make a claim against someone you know, you should not worry about any possible negative repercussions for them. They are already likely to be making a claim on their insurance and their insurance provider will be liable to pay any compensation that you receive.

The driver may lose his no claims bonus but he is likely to lose this anyway if he makes a claim to his own insurance company for the damage to his vehicle. Besides, when considered in perspective, the loss of his no claims bonus is a small price to pay when you have suffered personal injuries while in his care.

If you suffer a passenger injury in a taxi accident you will either be covered by the drivers own insurance or the insurance of the company that he works for.

Also, if you are injured while travelling on public transport such as a bus, train or aeroplane then the company which you are travelling with may be liable for negligence and have to pay you compensation accordingly.

Contributory negligence and split liability claims

While passengers are usually the innocent party, on occasion they are partly to blame for the accident or injury that has occurred. If you were partly to blame for the passenger injury you have sustained then this may affect the amount of compensation that you are awarded. This may be the case if you are involved in a crash but were not wearing your seat belt for instance and is called contributory negligence.

In most cases of contributory negligence your personal injury compensation award will be reduced as a percentage according to the percentage of blame the court accredits to you. For example, if you were found to be 50% negligent for your passenger injury then you will only receive 50% of the compensation. This does not mean that you will have to pay for your legal fees as they are the responsibility of the guilty party, even if you were held 90% responsible for the accident.

This is similar to a split liability claim where both parties may have conflicting versions of what happened, making liability difficult to prove. In such instances your personal injury solicitor may agree to accept the case on a split liability basis. This essentially means that both parties will accept a proportion of the blame and again only a percentage of the compensation award will be recovered.

Making a no win no fee passenger injury claim

When you make an accident claim for passenger injury compensation through HappyClaim it will be absolutely cost free. We work on a no win no fee basis, meaning that you will not have to pay your personal injury solicitors fees in the event that your claim is unsuccessful, even if you were not completely blameless.

Occasionally, the solicitor that we appoint for you will recommend that they take out after-the-event insurance on your behalf. This wont cost you anything either but will make sure that you are covered for any other costs and fees that may arise as a result of your case.

HappyClaim have a panel of extremely competent personal injury solicitors who have a wealth of experience in dealing with passenger injury claims and our excellent claim success rate speaks for itself.

We offer free legal advice to all our customers so if you have any further questions about the no win no fee process or your rights after sustaining a passenger injury then give us a call on 01582 437070 today.

Alternatively, you could request a call back for a more convenient time, or you can fill in a simple online claim form and give us a bit more information about your passenger injury claim for compensation.