Passenger in Car Accident Claim

Introduction to car accident passenger claims

Passengers are not in control of the vehicle they occupy and so cannot be guilty of negligence in terms of causing the accident. They rely on their driver and other road users to drive safely. This means that whenever a passenger is injured in an accident they will almost always have a claim, either against their own driver or against the other party involved, depending on who caused the accident. Because motor insurance is compulsory there will usually be an insurer to meet the claim.

Wearing a seat belt – will this affect a claim for compensation?

The only negligence issue for passengers relates to use of a seat belt. With a few limited exceptions, all vehicles are fitted with seat belts and they are required by law to be used. If a passenger is injured in an accident whilst they were not wearing a seat belt then they are likely to have their compensation reduced by a percentage to reflect that ‘contributory negligence‘. The amount of the deduction will be a percentage of the total and that percentage will depend on the injuries suffered: if the medical expert(s) concludes that the injuries would have been avoided altogether by the wearing of a seat belt then the deduction will usually be 25%, but if the expert evidence is that there would still have been some injury even if a seat belt were worn then the deduction should only be 15%.

In many cases it can be shown that there was likely to have been some injury in any event, perhaps because the speed of the collision was such that there would have been some injury from the seat belt itself, and so the deduction there should be limited to 15%.

How much money can a passenger in a car accident get?

No accidents are the same so we cannot give you an exact figure right now.

However, our personal injury solicitors are highly experienced in handling passenger accident claims. During the initial assessment, they will provide you with an estimated figure for the potential value of your claim based on similar cases.

To value your claim, we take into account:

• The type of injuries
• How serious they are
• How long it will take to recover from your accident
• The impact the injuries have on your life (e.g. whether you have to give up a much-loved sport)
• The cost of medical care and rehabilitation
• Loss of earnings, if you had to take time off work to recover
• Any future loss of earnings due to your injuries
• Travel expenses
• The cost of any ongoing care or support you may need
• The cost of walking aids, specialist equipment and home adaptations

As you can see from this list, you can recover compensation for both the injury itself and any associated financial losses.

For very serious injuries that impact a person’s ability to work and carry out daily activities, for example the compensation awarded for amputation claims can be substantial. Our team will always work to get you the maximum amount of compensation possible for your individual circumstances.

Real life example

In this case our client was the front-seat passenger in a car driven by her husband who was involved in a high-speed road collision. She received a substantial six-figure settlement for life-threatening injuries caused by the accident.

What if the accident happened abroad?

We have a page dedicated to car accident claims abroad. Follow the link for more information.

Starting your car accident passenger claim

On contacting us you will speak in confidence to a member of our road accident team who will ask you specific details about your injury including where and when it took place. It is helpful to the claims process if you can provide us with as much information as possible, including any relevant pictures of the injury, pictures of where the injury took place, details of any witnesses and reports of any medical treatment you had as a result of the injury.

How we can help

If you or a loved one has been injured as a passenger in a car accident with an uninsured driver, it’s crucial to know that you are not alone. Osbornes Law is dedicated to providing compassionate and expert legal support to ensure your voice is heard and your rights are upheld.

To speak with one of our personal injury solicitors, contact us by:

• Filling in our online enquiry form; or
• Calling us on 020 7485 8811