Passenger Road Traffic Accident Injury Claims
The Department of Transport reported that there were 131,220 casualties as a result of Road Traffic Accidents in 2020. When we consider how many car journeys are completed with one or more passengers in the car, we can safely assume that a significant proportion of these injuries were sustained by people who were travelling as passengers at the time of the road traffic accidents.
I have been injured as a passenger in a road traffic accident. Who is at fault?
If you have suffered from a personal injury in a road traffic accident while being a passenger in a vehicle, then you are not at fault. The party who is responsible for your injuries depends on the situation, and could be a number of different people.
The driver of your vehicle
Another driver on the road who was at fault for the accident
A cyclist, pedestrian, or other vulnerable road users
The vehicle manufacturer (if the vehicle was to have any manufacturing faults)
The road conditions (e.g potholes or broken lighting)
Depending on who is found to be at fault for the accident, this will determine who will need to pay out for your compensation if you were to pursue, and win, a personal injury claim for your injuries. In most cases, this will be the insurance provider of the driver at fault.
One common misconception about passenger compensation claims is that you cannot pursue a claim if you were a passenger in the car who was at fault for the road traffic accident. This is absolutely not the case. The driver of any vehicle has a legal responsibility to drive in a way that prevents their passengers from being injured, and avoids any collisions with other road users. If a driver fails to meet this duty of care, any passengers that they were travelling with are entitled to make a claim for compensation for any injuries.
How do I begin a personal injury claim for an injury obtained as a passenger?
If you have been injured as a passenger in a road traffic accident, and are looking to get started with a personal injury claim for your injuries, it is best to contact a solicitor as soon as possible.
Our expert personal injury solicitors specialising in road traffic accidents make the process as straightforward and stress-free as possible. From the time that you contact our solicitors, you will deal with one expert who will personally handle your file from start to finish. We accept all of our cases on a No Win No Fee basis, or a Conditional Fee agreement, meaning that if we do not win the case and achieve financial compensation for our clients, then they owe us nothing.
If you need to ask any questions regarding your case, or would simply like to discuss the process with your personal solicitor, we get back to you within one working hour. Contact us today, here.
How long do I have to pursue a claim?
If you have sustained any form of personal injury that was not your fault, you have 3 years from the date of the accident to pursue a claim. After this time, subject to the Limitation Act 1980, in most cases, if you have not made a claim for personal injury compensation within that time, then your claim will be statute-barred.
There are, of course, exceptions. Minors, meaning children under the age of 18, have 3 years from the date of their 18th birthday to pursue a claim. Time limits may also differ if you are acting on behalf of someone with limited mental capacity, if you are acting as guardian or subject to a lasting power of attorney. If you have any questions or queries, then please do not hesitate to contact one of MG Legal’s personal injury experts, here.