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Passenger Injury Claims

Road Traffic Accident
If you’ve sustained an injury whilst being a passenger in a vehicle which has been a part of an accident it is likely that you will be able to make a claim for injury compensation.

An important aspect of making a successful claim for injury compensation is that the person who sustained the injury was not the actual cause of the accident. Passengers are very rarely the cause of an accident so it is quite likely that a claim for compensation could be made.

Whiplash is a particularly common injury as a consequence of a vehicle collision as well as other soft tissue injuries. As a matter of course, if you have suffered any kind of injury whilst riding as a passenger after having been involved in an accident you should consult your local GP or attend a hospital to have any injuries diagnosed. Primarily this is important for your general health and wellbeing, but it can also help with a claim for compensation by demonstrating that a doctor has diagnosed a specific injury.

At the scene of the accident it is imperative to get the contact details of the people involved along with their insurance details. If there has been damage caused and/or injuries sustained it will be necessary to call the police. Also get the details of any witnesses that may have been present at the time as they may be able to help you to prove that the accident was not your fault. If you have a camera phone it would be a good idea to take pictures of the damage and any factors that may have contributed towards the accident. Ideally it is preferable to do this at the scene but you can always return to the area later to take pictures of skid marks in the road for instance.

If you are successful in your claim for compensation as an injured passenger in a vehicle your claim will usually be paid via the insurance policy of the responsible party. This could be the driver of the vehicle you were travelling in or the driver of a third party vehicle that was involved in the accident. In other cases, the fault may lie with the Highways Authority in such instances where it can be proved that they have not acted in accordance with S.41 of the Highways Act 1980 e.g. safety measures such as gritting of the road has not taken place in extreme cold weather.