There’s a general rule when it comes to making claims for compensation – if you were a passenger in an accident, you pretty much have a dead cert definite winner of a claim for compensation if you have ended up injured. So, is this the case for bus passengers too?
Unfortunately not – bus claims can actually be very difficult to win; dependant on the circumstances.
Collisions
Firstly, if the bus you were on was involved in an actual collision, then the rule of thumb above about you pretty much definitely having a successful claim applies. At the end of the day, for a collision, someone was at fault for the incident. If it’s the driver of the bus you were on, you can claim from the bus company’s insurance. If it was another car or vehicle at fault, you can claim from their insurance or the Motor Insurers Bureau if the person at fault was uninsured or scarpered from the scene.
Even if the responsibility is split between more than one driver, you still have a claim, which can literally be split between the two (or more!) parties at fault.
Incidents Involving No Collision
If you were involved in an incident where no collision occurred, your claim can be far more difficult to prove, or it could be the case you cannot make a claim at all. One of the most common bus incidents are those involving the driver suddenly applying the brakes with force. The force of the braking can easily cause a whiplash injury; I should know as I’m currently suffering with whiplash because of this exact circumstance. It’s been medically proved by an expert orthopaedic consultant I was seen by, and I’m currently undergoing my physiotherapy.
So, what are the reasons why the driver may suddenly and forcefully apply their brakes?
- The driver was simply not concentrating, and failed to heed traffic signals such as red lights and give way signs that require the vehicle to halt before proceeding.
- The driver has turned round a corner too fast and you have been jerked as a result (or collided with something).
- The driver did not allow you adequate time to get to your seat or secure yourself in the vehicle, has pulled off, and you have been knocked down as a result.
- Another driver pulled out in front of the bus driver whom applied an emergency stop procedure to avoid a collision.
- A pedestrian has stepped out in front of the bus and the bus has had to apply an emergency stop procedure to avoid hitting the pedestrian.
There are of course many other examples of ways you could end up injured in a bus accident. However, for the above common ones, the Number 1 means you pretty much have a definite claim, Number 2 and 3 mean you have a potential claim, whereas Numbers 4 and 5 mean you will find it very difficult to claim from the bus company’s insurance. However, if it’s a vehicle that has pulled out in front of the bus, if you can get their registration number you can make a claim through their insurers, or contact the Motor Insurers Bureau and make a claim on their untraced agreement.
However, the best thing you should always do is get in touch with an independent firm of specialist personal injury lawyers to find out if you have a claim or not.
Bus Accident / Incidents – What to Do!
If you have been involved in a bus incident, you need to act fast to ensure that the right evidence is retained for you to prove the case. I’ll let you know what I did, step by step, and hopefully you should have a winning claim like mine (which is still in the works, but the bus company has admitted fault and I’ve had my medical appointment confirming my injuries!).
At The Scene
Try to find out immediately what has caused the sudden braking or collision. Once you’re over the initial shock of what’s just suddenly happened, look to the front of the bus to try and work out what’s just happened. If the bus driver has stopped the vehicle, and if it’s safe to do so, move to the front (only if you can) and ask the driver what has happened if you can’t see. The first thing I did (which I believe was a hugely instinctive thing given I work for a law firm!) was look down the centre of the bus and out of the front windscreen.
What I saw was a set of red lights. There were no other vehicles, and no pedestrians; it was obvious to me that the driver wasn’t concentrating and in one momentary lapse realised at the last second his 10 tonne 40mph coach was about to jump a set of red lights!
Make sure you stay calm, and make sure you are OK and nobody else is seriously hurt or needs any attention. The driver should investigate to make sure everyone is OK – but don’t take this as a definite because many will likely not bother.
If you can, note the time of the incident, and check out to see if there is any CCTV on the bus. If there is, this will help for the next few steps.
Exchange details with some other passengers, particularly if they also clocked what the reason was for the incident. Their evidence could be vital for proving it’s not just your word against the drivers. You should always make sure to get the name and number of the actual driver, and ask that they report the incident to their superiors. Again, not all drivers will bother; so make a point of this and make sure you take some extra information like the registration number of the bus.
After the Incident
Next comes the very important bit; you must report the incident to the company yourself when you are able to do so. Find a telephone number and an email address and contact them to advise of the circumstances of the incident, and ask them to retain any CCTV footage for the vehicle. I emailed the bus company as soon as was able to do so and specifically asked that they retain the CCTV footage.
IMPORTANT: most companies do not retain CCTV footage for more than two to four weeks. If you do not make an attempt to retain the footage, it might well disappear in a very short period of time. If this evidence is the only thing that could provide your case, you may find it difficult to win your case.
Get a Lawyer – FAST!
Speak to an expert firm of independent personal injury lawyers as soon as possible. Avoid Claims Management Companies and Accident Advice help lines who are simply middlemen who refer your case over to a lawyer for a fee. This fee has the serious potential to either result in a charge to you, or a stripped down level of service (see our blogs on Referral Fees or type “referral fee bans” in to Google / Bing / Yahoo for more info!).
The above will also lead to a potentially lengthy process of claims companies allocating lawyers who will send paperwork out, and then pass it to someone else, assess the claim, etc. Just speak with an independent firm directly, get them to assess your claim over the phone, and instruct their services if they offer you a Genuine No Win, No Fee agreement and a quality service level, and ensure they will be contacting the bus company the same day to help your case.
For example, its standard for us to send a recorded delivery letter that is also facsimiled and emailed to both the initial office of the bus company and the head office making a formal written request for the CCTV footage on the vehicle at the time of your accident to be retained for evidence purposes. With a facsimile and a recorded delivery receipt, they have no excuse for getting rid of any evidence.
The BETS Lawyers for You
Go to an independent firm of specialist personal injury lawyers working on a Genuine No Win, No Fee basis, and offering a high level of service. This means:
- 100% compensation; no deductions, no hidden charges at all. You ALWAYS keep every penny.
- No fees to pay for whatsoever if the case loses.
- Regular contact – every 14 days, for example.
- Accessibility – open until late every day (say, 10pm) and open over the weekend.
- Private medical care provided to you right from the start of the claim at absolutely no cost to you; ever.
For expert advice from a person who has been involved in a bus accident, and has a winning claim, feel free to give me a call.
