One of the more common questions we get asked is whether someone has a claim for compensation – in other words, are they likely to actually win the claim and receive some compensation.
Naturally some claims are harder to assess than others, but probably the easiest claim to assess is a passenger injury claim. That’s where you have been involved in a car crash and you are either the passenger in the vehicle which has been hit by the Defendant or the passenger in the vehicle which caused the accident.
You have a great claim, because unless you did something highly unusual, like pull the handbrake or severely distract the driver, it is highly unlikely that you were at fault for the accident and therefore you can be compensated for any injuries suffered.
Road users owe each other a duty of care. If you are driving a car you owe your passengers, other people in different cars, and pedestrians a duty of care not to cause them harm. If you cause someone an injury whilst driving, the law says that they can be compensated.
The compensation will usually come from the negligent drivers’ insurer because insurance is compulsory. So as a passenger who is the innocent victim of negligence and has an injury, you can get compensation from the negligent party’s insurer.
It’s important to know that if you are an injured passenger, not only do you have a claim, but it’s a great claim as far as winning is concerned.
For some reason, people believe that if they are the passenger they cannot make a claim because they were not driving the vehicle and therefore cannot pursue a claim. This is simply not the case. Other people are concerned about suing family or friends… For instance, say their mum or friend caused the accident – to get compensation they would be suing them. But actually the reality is that they are being compensated by their insurer – it’s not their mum or friend that will be paying the compensation.
Even better, not only do passengers have excellent claims, but the claims process is straightforward and fast.
Once you let the Defendant’s insurer know that you want compensation, they have just 3 weeks to admit liability, and then it shouldn’t take too much longer after that to get the medical evidence and settlement sorted.
For further free, no obligations legal advice call The Injury Lawyers on our dedicated claims helpline 0800 634 75 75 today!