Traffic has increased drastically over the last three decades and there has been a surge in the number of road accidents in London. According to the UK Transport department survey, there have been 30% of deaths were in the passenger car accidents, passenger taxi accidents and passenger bus accidents. The Driver of vehicles has to prove their innocence to claim full compensation but passengers can’t be held accountable for a road accident. Passenger can file for passenger accident compensation claim whether they are in the vehicle that was hit or the vehicle that caused the accident. Passengers can claim compensation under most circumstances as they are not mostly at fault. However, in some cases, passengers were found to be at fault. Like in one case, a passenger got off a moving bus and driver was unaware.
Fellow passengers testified in favour of driver and hence the passenger was found to be fully responsible for injuries. In another case, the passenger denied to wear seat belts and hence suffered severe damages. CCTV footage from a public camera showed that passenger was not following safety measures and hence not entitled for an additional compensation claim for passengers.
You may be travelling in a car, taxi, bus or any other commercial passenger vehicle and may have suffered injuries in the road accident. Passengers generally have very little control over the situations arising before and after a road accident. Personal Injury lawyers at Claim Line 365 have helped many file the passenger injury claim in the past. We have No win No Fee agreements with our clients. This means we charge only if you win your compensation claim for passengers and that too a maximum amount of 25% of the compensation for injury.
As mentioned it’s comparatively easier for a passenger to get their passenger accident compensation or personal injury claim compensation as it’s the fault of either the driver of the vehicle they are in or the driver of the vehicle that hit them. Most cases have either one of the drivers’ at fault or both have the mutual fault. A badly maintained road can cause internal injuries to the back, neck and spine. The car design may also be a reason for passenger injuries. Sometimes airbags end up hurting more than the accident itself. The airbags can cause whiplash, bruises, hit on face and neck very badly causing secondary injuries.
1. The driver of the vehicle in which the passenger was/were riding is at fault. The passenger can testify against the car driver, he/she has been travelling in. In some cases, passengers helped in proving their vehicle drivers fault.
2. The driver of the opposite vehicle is responsible. In this case the third party insurance company pays for the damages. In case, the driver doesn’t have insurance or the driver is untraceable, then passenger injury claim can be filed with Motor Insurance Bureau. MIB is the authority responsible for compensation claim for passengers in case an accident with uninsured drivers or when driver can’t be traced. MIB gets public funding from all motor vehicle owners and pays for such road traffic accident claims.
3. The poorly maintained road may be at fault. In this case, the highway Authorities can be held responsible for the passenger injuries due to sudden jerks caused by potholes. Sometimes an accident occurs while avoiding the potholes. So, As per section 58 of Highway Act 1980, the local authority verifies the fault.
4. Owner of the vehicle hitting (if it’s proved that the vehicle was poorly maintained). If a commercial vehicle has been having worn-out tyres and poorly maintained. In this case, the vehicle owner can be held accountable for passenger accidents and may be held liable to pay for the compensation amount.
5. Manufacturer of the vehicle in which the passenger was travelling. A poorly built vehicle, bad design can also be responsible for the severity of vehicle accidents.
1. Death- As per government records, more than 30% of passengers have been among the total number of deaths in road accidents. Sometimes a sole earning member of a family dies causing loss of income additional to psychological pain to the deceased’s family member.
2. Broken bones, legs- Passengers can have a broken leg, bones after hitting the hard surfaces and impact of the vehicles collisions.
3. Whiplash- This is an almost certain occurrence in case of head-on collisions.
4. Burns- Sometimes vehicles catch fire after accidents. It may also happen that the vehicle met an accident with a goods truck carrying highly inflammable liquids. Passengers do suffer minor to major burns in road accidents.
5. Injury to head- Sudden impact may result in passenger head hitting the roof of the vehicle or in case a seat belt is not on, the passenger may bounce out of the car through windshield causing deadly injuries. It is also more common among pillion rider of motorbikes.
6. Damage to upper or lower limbs- Harsh accidents may even cause damage to arms or legs. In some unfortunate cases, passengers have amputated legs or arms.
7. Spinal Injuries- Passenger car accidents or passenger bus accidents may also cause spinal injuries and such injuries can have a life-changing impact on their lives.
1. The passenger injury claim should be made within three years of the date of the accident. This means if the accident occurred on 17 September 2020. Then the claim should be made before 16 September 2023.
2. Someone else is responsible for the accident. There are cases when the passenger was also found responsible for the accident as if a passenger off boarded from a moving bus, then it’s partially the fault of the passenger as well. Also, if a passenger didn’t wear seat belts or ignored the road safety rules.
3. If a person is responsible for your care is responsible for your injuries.
4. In case there is a child involved in the accident, then the 3 years limit is not applicable. Anyone can file a claim on behalf of a child before he/she turns 18. In order for a child to apply for passenger injury claims on their own, it must be done before he/she attains the age of 21. Courts use the term “litigation friend” in cases of child personal injury claims. A litigation friend is anyone representing a child for a personal injury claim.
An accident can cause physical, psychological, and financial damages to the passengers. There are the following areas for which compensation can be sought for:-
1. Instant damage- Sometimes passengers’ injuries claim are immediately evaluated for compensation. The passenger has to be compensated for the pain and suffering they have suffered.
2. Rehabilitation expenses- Some passengers may need physiotherapy or other services for their fast recovery. One may be rendered bedridden after an accident and may need domestic help for daily chores and in such cases, all the possible expenses are evaluated.
3. Loss of Income- It may happen that a passenger lost source of income being unable to go to work. The compensation in this case has to cover the loss of income.
4. Medical and extra travel expenses- The compensation, in this case, cover all the cost of private medical bills and the cost of traveling to the medical facility.
The amount of compensation depends on the following factors:-
1. The extent of the passenger fault. If a passenger is not at all any fault, he may get 100% amount claimed as compensation. In case, passenger negligence is the reason for injury them he may get partial compensation like 50% lesser.
2. The extent of physical damage- The number of injuries one has suffered after an accident may also decide the amount of compensation. A passenger which minor injuries may get lesser claim than a passenger suffering major injuries. Injuries to the brain are considered among the very severe injuries and can lead to compensation of more than 200,000 pounds.
3. Duration of injuries- if the accident caused long term damage or the injuries may need long term rehabilitation, and then the compensation amount may rise further. Long term injuries cause psychological damage to the injured and loss of income as well. All factors are taken into account by Personal Injury Solicitors while filing for your passenger injury claim.
1. Claim Line 365 has a team of passenger injury claim experts or personal injury lawyers who help you right from the beginning and staying with you throughout the compensation claim process.
2. Claim Line 365 offers No win No fee agreements to all our clients. This means our fee is never a burden on you. You pay us only if you win and that too from the compensation claim amount whichever exceeds 25% of the injury compensation amount.
3. The personal injury lawyer from Claim Line 365 will be just a call or email away.
4. Claim Line 365 understands that you have been already suffering from physical and emotional damages. The Claim process may take months and that’s why we take all your headache of keeping documentation, collecting evidence, record medical bill expenses for claims, accounts of other eyewitnesses and other fellow passengers, etc.
5. Experienced passenger injury claim experts or Personal Injury solicitors can help you claim over areas that you might forget or ignore while claiming for compensation. Our personal injury lawyers will make sure you get the maximum passenger accident compensation
If you have had an accident then contact our friendly team today on 0203 813 9654 or simply fill out our contact form and we will call you back as soon as possible