Prospective personal injury claimants are often uncertain whether or not they can claim compensation if they were injured in a car accident caused by their partner. They think just because they are living with the person responsible for the accident, they are unable to make a compensation claim.
This is completely untrue: anyone who is injured due to the negligence of a driver has the right to claim compensation against the driver's insurance company. It does not matter whether the injured parties are related to the driver, married to the driver or in any other relationship with the driver - a wife can claim on a husband's insurance policy without any significant problems.
Family compensation claims following road traffic accidents are not uncommon, and all injured parties can claim compensation from the responsible driver's insurance company. Everyone who takes their cars on the road is legally required to take out insurance to cover themselves and pay out damages to anyone who is killed or injured due to their actions, and this includes passengers in their vehicles.
Even if the driver did not have an insurance policy, people who are injured in car accidents they were responsible for will still be able to make a compensation claim, but this will be handled by the Motor Insurers' Bureau.
Pillion passenger claims
Pillion passenger claims are not as common as passenger accident claims, but the consequences of these accidents can be significantly more severe, as pillion passengers have far lower standards of protection than passengers in other vehicles.
Motorcyclists have a duty to ensure that pillion passengers are properly protected, which will involve ensuring that the motorbike is properly fitted with all equipment needed for their safe transport, such as suitable footrests and a pillion seat, and that the vehicle is legally permitted to carry pillion passengers. They should also agree upon a means of communication the passenger can use to speak with the rider, and that the passenger is aware of the dangers they face by riding pillion.
Complications with passenger personal injury claims
There are some legal difficulties our personal injury solicitors will guide you through if you want to make a compensation claim after being injured while a passenger in a partner or relative's vehicle. The claimant cannot claim compensation for any assistance and care the driver provided them with while they recovered from their injury, and although children require litigation friends during compensation claims, the driver is not allowed to play this role.
Some people are concerned that claiming against a family member's car insurance policy will cost them money in the long run, as the driver will lose their no claims bonus. The value of most personal injury claims will adequately cover any of these losses, and in most cases, the driver has already lost the bonus anyway after claiming for the damage their vehicle sustained.
After this, you should get medical attention immediately. If you don’t get medical attention, you can worsen your injuries. Negligence or ignorance in this phase can also put your life at risk.
After the medical attention, you can seek the help of personal injury solicitor to register your claim against the liable party. If you don’t can’t win a handsome amount. Personal injury solicitor can also help you to pursue your case in the solicitor’s court.
Speak with our specialist personal injury solicitors Bury if you need more advice and assistance or if you have any further questions.
Smith works with a team of personal injury solicitors to help people value compensation claims. She suffered a serious back injury in a car accident when she was younger and personal injury compensation claims made a massive difference to her quality of life.