Car Accident Passenger Claim for Personal Injury
Find out how much your personal injury claim may be worth
Car Accident Passenger Claim for Compensation
Whilst roads are becoming safer, and vehicles are becoming better at shielding from injuries following car accidents; accidents do happen, and injuries are still a likely outcome, whether minor or severe. Passengers are quite vulnerable road users as they have no control of the vehicle and cannot take any action to avoid an accident. Passengers are usually injured unexpectedly, giving them little time to shield themselves from the accident, which may lead to more serious injuries being sustained.
If you have been involved in a car accident as a passenger in the last three years and sustained an injury as a result of the said accident, you may be entitled to make a car accident passenger claim for compensation. Beacon Law aim to make this process as simple for you as possible and have provided the following guide of factors you need to consider if you are thinking about making a claim for compensation.
Car Accident Passenger Claim: Common Causes of Car Accidents
There can be numerous causes of car accidents, and a car accident passenger claim can be made as long as the passenger of the vehicle was not responsible for the accident. The most common types of road traffic accidents which may lead to passenger injuries include:
- Drivers of other vehicles – Accidents with other road users are common, and accidents caused by the driver of another vehicle, such as a car, bus, taxi, cyclist, motorcyclist, or HGV are likely to injure other drivers and passengers.
- The driver of the vehicle in which the passenger is travelling – If you were involved in a road traffic accident, and the driver of the vehicle in which you were travelling was at fault for the accident, you will be able to make a car accident passenger claim against the driver of the vehicle.
- Road conditions – this is another factor which can cause road traffic accidents. There may be instances where damage to roads have not been repaired by the local authority, which may lead to road traffic accidents.
- Pedestrians – pedestrians can sometimes step out onto the road causing drivers to swerve to avoid them and as a result hitting another vehicle, causing an accident.
Common Injuries to Passengers in Car Accidents
Many different types of injuries can be sustained in a car accident. The severity of the injury will usually depend on the seriousness of the accident. A car passenger injury can range from minor whiplash to life-changing injury. The types of injuries you may suffer as a passenger in a car accident may include the following:
- Whiplash – this is one of the most common types of injury which people sustain from car accidents. It can happen when the driver of a vehicle suddenly breaks, and your head continues to move after your body has stopped moving. This type of injury can also be sustained due to collisions and the impact of other vehicles.
- Head injuries – these types of injuries can include concussion and can vary in severity. Airbags can minimise the level of head injury you may sustain.
- Neck injuries – these injuries can include internal damage and external damage such as damage to neck muscles and nerves, or lacerations and burns to the neck.
- Broken limbs
- Facial injuries – this can result from broken glass, for example. These injuries can be painful and can lead to scarring where severe.
- Spinal injuries – this is a very serious injury in extreme cases of car accidents. Serious spinal injuries can be life-changing.
- Sprains and strains
- Burn injuries
- Severe lacerations
No matter what injury you have sustained, whether minor or severe, it is important to seek medical attention and treatment for your injuries. Contact Beacon Law to find out more about obtaining compensation for your injury by making a car accident passenger claim.
Car Accident Passenger Claim: How to Prove Who Is At Fault?
If you have sustained an injury in a car accident as a passenger, it is essential to prove who was at fault. Firstly, it is important that you seek medical attention for your injuries as soon as possible. Not only will this ensure your health is looked after, but these documents can also later act as proof of your injuries. To prove who is at fault in an accident, you will need to collect as much information and evidence as possible such as:
· Photographs of the location where the accident took place
· Photographs of the vehicles involved in the accident
· All the parties’ insurance details
· Statements from eyewitnesses such as other road users
· CCTV footage if available
· Dash camera recordings were available
It may be that one of the parties to the accident in an uninsured driver. Do not worry about this as we can still pursue compensation against uninsured drivers.
You should know that drivers of vehicles have a duty to ensure the safety of their passengers by driving safely to avoid the risk of an accident.
The vehicle driver may also be partially responsible for ensuring that the equipment in their vehicle is not faulty such as airbags and seat belts. The manufacturer of the vehicle will also be pursued as being partially at fault for any faulty equipment in a car accident passenger claim.
If you were a passenger in public transport and suffered an injury due to an accident, then it will be the management of the transport company who will be at fault as the driver of the public transport will be acting under his employer’s duty.
In some scenarios, more than one party may be at fault for a car accident. Furthermore, it may be that the passenger themselves can be partially at fault for example, by failing to use seat belts which causes greater injury than if they were to be using a seat belt.
Establishing who is at fault is a complex legal issue, and we recommend that you seek legal advice on this point, especially before pursuing a claim. If you have been in involved in a car accident and require assistance with establishing who is at fault in a passenger accident claim, please contact us using the details below.
How Much Compensation Can I Expect to Receive in a Car Accident Passenger Claim?
The level of damages you can expect to receive will be dependent on the nature of the accident and the level of injury sustained. At Beacon Law, we will seek to recover general damages, which will include damages for your pain, suffering and loss of amenity.
We will also seek to recover special damages which will be in relation to any losses you have sustained, such as loss of earnings or expenses incurred as a result of the injury.
It will be difficult to provide an estimate of the damages likely to be recovered at this stage. It should be noted that all damages and compensation are paid by the insurance company of the person at fault and not personally by the driver at fault. You can therefore make a claim as a passenger even if a friend or member of your family were at fault for the accident as the driver.
Car Accident Passenger Claim: The Claims Process
The claims process will begin when you contact Beacon Law for advice. We will discuss your case and the potential merits of the claim. You can then decide if you wish to instruct Beacon Law to assist you. If you decide to instruct us, we will communicate with the third party, who we believe to be at fault of the accident, to explain to them that you are bringing a claim for damages.
You will be required to provide evidence of the accident and the injuries sustained in order to strengthen your case, including medical evidence.
Should the opposing party not accept your claim, we will notify the Court of the case, and the Court will assist in ensuring the case is ran efficiently. Simply notifying the case to the Court does not automatically mean you will be required to attend Trial as the process is lengthy before the attendance of Trial is necessary.
How much will making a claim cost me?
At Beacon Law, we act on a ‘no win no fee’ basis. This agreement means that as long as you cooperate with us and are honest throughout your case, you will not need to pay for your claim if you are unsuccessful. If your case is successful, we will deduct our fees from your compensation on the conclusion of your case.
Why Choose Beacon Law?
Beacon Law are specialist personal injury solicitors based in Manchester. We are authorised and regulated by the Solicitors Regulation Authority. We specialise in recovering damages and compensation for a number of personal injury claims, including car accident passenger claims.
We aim to assist you throughout the claims process by initially advising you on the merits of your claim. We will then liaise with the Defendant throughout the claims process so you will not have to have contact with them or their insurance company. We will assist you in collecting evidence to strengthen your case, such as collecting GP records or Hospital records where you may have received treatment for your injury.
We will recommend and arrange for you to see a specialist expert who can assess your injuries and provide a report to make your case stronger. We will also assist you throughout the Court process should the matter be needed to be notified to the Court. We will finally arrange for any damages which may be agreed to be paid to you as compensation.
We will not take any action on your case without your specific instructions, and we will keep you updated throughout the progress of your case.
Should you wish to discuss the circumstances of your case with us to find out if Beacon Law can assist you, please do not hesitate to contact us by completing the online form and a specialist personal injury solicitor will contact you to discuss your case further. There is no obligation to instruct Beacon Law as your Solicitor should you wish us to contact you to discuss your case further.