Passenger Injury

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Passenger Injury Claim

Making a claim for compensation is not just about the Driver of a vehicle.  If you are a passenger in a car, taxi, motorbike or other forms of public transport and have been injured due to the negligence of someone else, you may be able to make a claim.

Who do I claim against?

Personal injury claims as a passenger will almost always be successful, as in normal circumstances passengers can rarely be held responsible for a road accident.

Any claim for compensation will be made against the at fault driver, which will either be the driver you were travelling with, or the driver of the vehicle that collided with you.  If both drivers were at fault in some way then as an innocent passenger your compensation may be made up from claims against both drivers.

I was a passenger in an uninsured vehicle, can I make a claim?

As long as you were unaware that the driver was uninsured you should still be able to make a claim, as claims for untraced or uninsured drivers are made through the Motors Insurers Bureau.  However the will not accept passenger injury claims if you knew, or ought to have known, that the driver of their vehicle was:

  • Uninsured or had an expired insurance policy
  • Had stolen or taken the vehicle unlawfully
  • Was using the vehicle to escape from, or avoidance of, lawful apprehension
  • Was using the vehicle in the course of furtherance of a crime (this includes not having a license, driving whilst disqualified etc.)

 


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