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How to make a claim as a passenger in a road traffic accident
It is not just the drivers of the vehicles involved in road traffic accidents but also the passengers that can suffer injuries. As a passenger in a car accident, it can never be your fault for causing the accident and therefore you should be eligible to make a claim. However, this as long as the accident happened within the last three years.
The compensation obtained from making a claim can be used to cover medical expenses, travel costs and any loss of earnings that you have suffered as result of your injuries.
Can I make a claim against a friend or family member?
A lot of people who have been injured as a passenger in an accident are hesitant to pursue a claim, if the vehicle that they were in was being driven by a friend of family member. It is however important to remember that the compensation obtained from any claim is paid from the driver’s insurance company and not directly from their pocket.
Can I make a claim if the driver was intoxicated?
If you are aware when getting into the vehicle that the driver was under the influence of drugs or alcohol and they crash as a consequence, you may still be able to make a claim but the amount that you will obtain will be significantly less. If you were unaware that the driver was over the limit, this will not have any effect on the compensation amount.
Can I make a claim if I have been injured on public transport?
If you have been injured as a passenger whilst travelling on a bus, in a taxi or on a train, tube or metro, you could be eligible to make a claim.
Whilst travelling on public transport the driver has a duty of care to drive safely and responsibly, to keep their passengers safe from harm. If the driver is reckless and causes an accident you could sue the company that operates the bus, train or taxi service for negligence.
Examples of accidents on public transport include:
- Whiplash caused due to a bus or taxi colliding with another vehicle.
- Falls due to the bus breaking suddenly or pulling away too soon whilst you are exiting the vehicle.
- Head injuries caused through dangerous driving, leading to you banging your head off the seat in front of you.
- Injuries caused due to a collision on a train, tube or metro.
Can I make a claim if the driver doesn’t have insurance?
It is the law that all drivers must have insurance, however there are some people who break the law and drive without it. If you have been involved in an accident with an uninsured driver you can still make a claim. Your claim will be submitted to the Motor Insurers’ Bureau to investigate and your compensation will be paid out of this fund.
Can I make a claim if I wasn’t wearing a seatbelt?
It is the law that anyone travelling in a car, over the age of 14, must wear an adult seatbelt when provided with one. Children under the age of 14 must use a car seat, booster seat or adult seatbelt if appropriate.
If you’re injured in an accident and were not wearing a seatbelt, you may still be able to make a claim, but the amount of compensation that you could receive will be significantly less.
Is there a time limit for making a claim?
You have up to three years from the date of the accident to make a claim. You can make a claim on the behalf of your child at any time after the accident took place, before they turn 18. After which, the child has 3 years from their eighteenth birthday to make a claim themselves. There is no time limit for people who are deemed mentally incapacitated to make a claim.
How much will it cost to make a claim?
True Solicitors operate on a No Win, No Fee basis, meaning that you will only pay us if your claim is successful.
The success fee we charge in road traffic accident personal injury claims ranges from 25% to 30% (+ VAT) of the compensation settlement, depending on the type of claim and whether court proceedings are issued.
