Although it is never a good idea to get in a vehicle when the driver has been drinking, it does not mean that you cannot make a claim for personal injury if the trip ends in an accident – and let’s be honest, this is more likely than not.
The normal guideline is that as a passenger, you are an innocent party and cannot be at fault for the accident. This therefore entitles you to receive 100% of any compensation that is awarded.
However, getting into a vehicle knowing the driver has been drinking does have consequences for a claim for personal injury. The insurers of the driver of the vehicle will more than likely argue contributory negligence for passengers making a claim for personal injury in these types of circumstances.
Contributory negligence is when you have in some way contributed to the injuries sustained in an accident. So, by getting into a vehicle when the driver is drunk, you have knowingly put yourself at risk of injury and therefore may be held contributory negligent for your injuries.
The consequences of this is that the amount of compensation you should be entitled to will normally be reduced by the percentage you are believed to have been contributory negligent for your injuries. The average deduction in cases such as this is normally around 25% – however this figure varies and can be negotiated depending on individual circumstances.
An example of this deduction would be if that the medical evidence we obtain on your behalf supports that your injuries are worth £1000.00 and you are found to be contributory negligent for 25% of your injuries, the amount you would receive would be £750.00.
Your claim for personal injury will be valued as a whole claim before any pre-agreed deductions or reductions are made.
So, here’s an interesting question – what if you didn’t know the driver had been drinking? If you are not aware that the driver of the vehicle you got into was under the influence of alcohol, you should not be held contributory negligent for your injuries. However, this can be sometimes extremely difficult to prove, especially if you have been with the driver for a length of time before the incident.
If you can prove that you did not know the driver had been drinking then you should be obtain 100% of the compensation you are entitled to – however claims involving drunk drivers can be pretty complex.
It would take too long for me to give examples of all scenarios and possible deductions involving drunk – to make it easier for you, call our free claims helpline for legal advice which will be tailored to your individual circumstances.
Our Claims Line is 0800 634 75 75
