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Passenger claims

Being involved in an accident is never a pleasant experience but accidents which occur in a vehicle on the road can have particularly devastating consequences often resulting in long term injuries and sadly, sometimes, even death.

However, if you were injured whilst travelling as a passenger in a vehicle you may well be able to make a claim against the party liable, whether the accident was the fault of the driver of the vehicle you were travelling in or the driver of another vehicle involved.

Passenger claims are generally one of the simplest personal injury claims to deal with because the passenger cannot be held liable for the driver’s negligence unless, under very unlikely circumstances, the passenger deliberately obstructs the driver’s vision or intentionally distracts the driver.

All vehicle drivers, whether operating a car, van, taxi, lorry or bus, have a duty to ensure the safety and wellbeing of both their own passengers and pedestrians on the road and when this duty is ignored and an accident occurs the injured passenger will then have a valid personal injury claim.

Almost all personal injury claims are handled by solicitors via the No Win No Fee system which was brought in to replace legal aid. This system gives claimants added protection should their claim be unsuccessful by enabling the claimant to settle the defendant’s court costs using their insurance cover and, when a claim is unsuccessful, the no win no fee system means that the claimant will not be expected to pay their solicitor’s fees.

Successful no win no fee claims mean that the claimant will receive the full 100% in compensation and all other costs and expenses are taken care of by the defendant.

When a personal injury case is being put together and the compensation figure is calculated the solicitor acting on behalf of the claimant will take a number of factors into consideration including:

  • The severity of the accident and how it happened
  • Whether there were any witnesses
  • The type and seriousness of the injuries sustained
  • The treatment, surgery and medication the claimant received as a result of the injuries
  • Whether the injuries will have any long-term or lasting affects
  • How the injuries have affected the day to day living of the claimant.
  • Whether the accident or injuries have caused any side affects or symptoms such as continual headaches, insomnia, anxiety or depression.
  • Whether the claimant has experienced any loss of amenity. A loss of amenity is when an individual is no longer able to partake in or participate in an activity or something which gives then pleasure and enjoyment as a result of the injury
  • Any loss of income experienced by the claimant as a result of having to take unpaid time off work.
  • Any expenses incurred because of the accident such as additional childcare care costs because the claimant is unable to care for their children, homecare costs if they need help with personal care or housekeeping, fuel expenses or taxi fares to and from the hospital or Doctor’s surgery and prescription and treatment fees.
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