Drivers are not the only people who can suffer injuries in road traffic accidents. Passengers may also have the right to pursue compensation, depending on the circumstances of the accident.
When people think about road traffic accident claims, they often focus on the drivers involved. However, passengers can also suffer physical injuries, psychological effects and financial losses following a collision. If you were travelling as a passenger and were injured in an accident that was not your fault, you may be able to make a personal injury compensation claim.
Official guidance for England and Wales confirms that eligible passengers, as well as drivers, can use the Official Injury Claim service for certain lower-value road traffic accident injury claims.
Passengers Can Make Personal Injury Claims
As a passenger, you are generally not responsible for controlling the vehicle. Depending on the circumstances, responsibility for an accident could rest with the driver of the vehicle you were travelling in, another road user or potentially more than one party.
The key issues in a personal injury claim include establishing how the accident happened, who was responsible and whether your injuries resulted from the collision.
For qualifying road traffic accidents in England and Wales, the Official Injury Claim service allows eligible drivers and passengers to pursue certain personal injury claims. The scheme generally covers claims where the injury element is valued at no more than £5,000 and the overall claim does not exceed £10,000.
Evidence Can Make a Difference
After an accident, preserving evidence can be extremely important. Where possible and safe, record the date, time and location of the collision and obtain details of the vehicles and people involved.
Photographs of the scene, vehicle damage and relevant road conditions may also be useful. If there were independent witnesses, obtaining their contact details could help establish what happened.
Medical evidence is particularly important when making a personal injury claim. Even if an injury initially appears minor, obtaining appropriate medical attention provides a record of your symptoms, diagnosis and treatment.
Keep receipts and documents relating to expenses caused by the accident, such as treatment costs, travel expenses or evidence of lost earnings.
Do Not Delay Seeking Advice
Personal injury claims are subject to legal time limits. Citizens Advice notes that the most common personal injury claims based on negligence generally have a three-year limitation period, although different rules and exceptions can apply depending on the circumstances.
For this reason, obtaining legal advice early can help you understand whether you have a potential claim, what evidence may be required and which procedure applies to your case.
Miya Solicitors is here to help you assess your rights following a road traffic accident and provide professional legal support throughout your compensation claim.
Sources:
GOV.UK – Official Injury Claim guidance
https://assets.publishing.service.gov.uk/media/65706e14739135000db03bea/5-steps-using-online-official-injury-claim-service.pdf
Citizens Advice – Claiming Compensation for a Personal Injury
https://www.citizensadvice.org.uk/law-and-courts/claiming-compensation-for-a-personal-injury/personal-injuries/
