Can I Claim Compensation as an Injured Passenger?
Yes! If you have been hurt in a road traffic accident while travelling as a passenger, it is very likely that you will be entitled to claim personal injury compensation.
To find out more about passenger accident claims, please do not hesitate to contact us at McGee O’Kane Solicitors.
Passenger Accident Claims
If you have been injured while travelling as a passenger, or your loved one has, then there could be grounds for a personal injury claim.
This is because in Northern Ireland, anyone who is injured through no fault of their own is entitled to pursue compensation for the damages they have wrongfully endured. This includes passengers who are injured while travelling in a car, van, bus, taxi, motorcycle, or indeed any other form of transport.
The amount of compensation you receive will depend on the circumstances of your case. However, it is safe to say that you will be awarded compensation for the pain and suffering you have experienced (including both your physical and psychological damages). You will also be able to recover any financial losses you have incurred, such as loss of earnings.
Who Is At Fault?
As with any personal injury claim, it will be necessary to establish who is at fault for the accident. This might be the driver of the vehicle you were travelling in, another driver or road user, the vehicle manufacturer or even the local council. It is important to clarify this at the start, as it will impact the way in which the claim proceeds.
Sometimes you will know the person at fault, and because of this, you may feel reluctant about pursuing a claim. However, you need not worry. Every driver in Northern Ireland must have insurance, and their insurer will be the ones to pay out in the event of a claim. Should the driver be uninsured, or flee the scene of the accident, the Motor Insurers’ Bureau will take over.
Occasionally you, as the passenger, will be partly responsible for your injuries. For example, it might be that you were not wearing a seatbelt at the time of the accident, and this exacerbated the damage that was caused. This is known as contributory negligence. In such situations you will still be able to make a claim, but your compensation settlement will likely be reduced.
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Passengers can be vulnerable road users as they have zero control over the situation and often cannot anticipate that an accident is going to happen. As such, accidents involving passengers can be serious, with injuries ranging from whiplash to catastrophic trauma. Sadly, there are also passenger fatalities.
If you have been injured as a passenger and would like to know more about making a personal injury compensation claim, please contact us for a free, no obligation enquiry.
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