You might think that a passenger in a car accident will not be liable for their own injuries. Although this seems logical, the driver’s insurers might argue that you must accept liability too. In this situation, it is important for you to get expert, independent advice. We recommend that you talk to an experienced solicitor who understands your rights.
The driver’s insurers usually suggest that you are liable for your own injuries if you didn’t wear a seatbelt. They will also argue this if you distracted the driver before the accident or if you knew that the driver was not in full control of the vehicle when you got in.
Barratts’ Personal Injury team recently advised a client who was injured in a crash when she was a teenager. Our case study explains the legal implications of being a car passenger when a driver has drunk alcohol. Sadly our client lost a kidney in the accident but we helped her prove that she did not know that the driver had been drinking.
What happens if you are partially liable for your injuries?
If you are an injured passenger, you may still be able to make a claim, even if the insurers argue that you are partially liable. It’s very important that you get good advice from a specialist solicitor who is an expert in this area.
Agreeing who is liable for an accident is only the first step. The next step is to get expert medical reports to help us understand your long term prognosis. After that, we help our clients to pursue their claim for damages.
In the case of our car passenger client, we successfully claimed enough compensation for her to put down a large deposit on a house. Her injuries were serious and this will give her some security for her future.
If you would like to discuss your situation, please get in touch with our Personal Injury team by phone or email.