If you have been injured whilst travelling as a passenger in a vehicle involved in a collision, you are entitled to make a passenger accident compensation claim against at least one of the drivers. Almost without exception a passenger can claim for their injuries including a claim against the driver of the vehicle in which they were travelling whether or not it was a public service vehicle or a privately owned car or van and even if the driver was a close relative or friend including spouses, children and parents.
In most jurisdictions in order for a passenger accident solicitor to make a compensation claim it is usually necessary to prove that somebody else was to blame for causing the collision. It is possible for more than one driver to be at fault and for each of them to have contributed to the cause of the accident by both being negligent. The number of negligent drivers is not usually a matter of concern in a passenger accident compensation claim as allegations of negligence cannot be made against the passenger who was not in control of any vehicle that was involved. The passenger will almost always succeed in a personal injury compensation claim. In some jurisdictions there is a non-fault compensation scheme in operation.
If you have been injured a collision due to the negligent behaviour of another person will be able to make a passenger accident compensation claim for damages for pain and suffering, loss of lifestyle, future disadvantage and any reasonably foreseeable financial losses. Compensation is categorised into ‘general damages’ and ‘special damages’ :-
Special damages can be calculated with mathematical accuracy and are usually proven by written evidence including receipts and estimates for specific lost or damaged items. Special damages include compensation for wages losses and damage to property.
General damages are more difficult to calculate and usually involve a degree of assessment and include compensation for pain and suffering and loss of amenity or lifestyle.
The general time limit for making compensation claim is three years after the accident. This means that a passenger accident solicitor must settle the case or legal proceedings should have been issued in a court of law within three years of the accident occurring, failing which the opportunity to claim compensation may have been lost forever. The court does have a discretion to extend the time limit and there are exceptions to the three year rule including claims for those under the age of 18 years at the time of the accident and for the mentally incapacitated.
In order to make a successful compensation claim, it is important to provide your passenger accident solicitors with all relevant evidence to support your case. Details of the incident should be recorded in detail. The names and contact information of all parties involved, including those of any witness, should be noted. Other essential information includes the exact location, date, time and place. An urgent visit to a doctor or hospital to make a contemporaneous record of any personal injury sustained is an essential part of proving a claim. It is also advisable to photograph the location, damage to vehicles and any injuries.