Passengers
Overview
Injuries could be suffered by a passenger in a car or van, riding pillion on a motorcycle or whilst travelling on public transport such as bus, coach, taxi or train, and even while on holiday on a ferry or aircraft. If you are injured as a result of someone else’s negligence you may be able to make a personal injury claim.
We recommend that you keep an Injury Diary to record your injuries and associated pain levels, treatment, as well as expenses incurred. And we recommend that you seek professional medical advice.
To see examples of injury compensation awards, please click on the link for our Compensation Calculator.
Road Traffic Accident (RTA)
- In terms of blame, because passengers or pillion riders are normally innocent parties, a claim from a passenger is more of a formality
- There have been legal cases where the negligent driver has successfully challenged the right of an injured passenger to recover compensation where the injured person knew or ought to have known that the driver was under the influence of alcohol or drugs
- In private cars there is a legal requirement for occupants to wear a seatbelt. Every passenger over the age of 14 is responsible for ensuring they are wearing their seatbelt and that it is properly adjusted
- Children under the age of 14 must either wear a child restraint or use the adult seatbelt depending on their exact age and height. There are very few exceptions to these rules
- For more in depth information about the Law and Child Car Seats and Seatbelts visit www.childcarseats.org.uk/index.htm
- If a claimant fails to wear a seatbelt, the negligent driver can seek to reduce the level of compensation paid up to a maximum of one quarter
- You should not worry if a friend or family member was to blame as compensation claims are handled through respective insurance companies.
Motorcycle Accident (Pillion Passenger)
Motorcycle accidents must be reported to the Police and insurance company
- Motorcycles account for approximately 1% of traffic on our roads, but around 20% of serious injuries or fatalities in the UK
- Accidents happen daily due to the poor road-grip that is possible from the two wheels of a motorcycle mainly at junctions, crossroads and roundabouts; due to weather conditions and the surface of and objects in the road
- As a pillion passenger, the motorcycle accident would not have been your fault, but may have been the fault of your driver, a third-party, or both
- Motorcyclists and their passengers are particularly vulnerable to serious injuries and most claims involving a pillion passenger, are straightforward. Occasionally, there is a delay if the driver is disputing liability for the accident with a third-party. This is why it’s important for a pillion passenger to be represented separately
- If the driver is a friend or member of your family then your compensation will be paid by the insurers, not the driver
- Whilst it is illegal for a provisional license motorcyclist to carry a pillion passenger, it is still possible to recover compensation from the driver’s insurers and expert legal advice should be taken from specialist personal injury lawyers
- In the event of an accident obtain full details of the third-party: name, contact details and registration number of the vehicle, as well as their insurance details if known
- Take photographs at the accident scene, or make a sketch as soon as possible after the accident.
Public Transport Accident
- Passengers of buses, coaches and trains are owed a duty of care by the driver
- As buses, coaches and trains do not usually have seat belts many passengers many injuries are a result of severe braking, accelerating, cornering dangerously or simply getting on and off the bus
- If you are injured while travelling on public transport such as a bus or train, then the company who employs the driver that you are travelling with may be liable for negligence and have to pay you compensation for your injuries
- Make a note of the driver’s number, the vehicle number and route, the location of the accident and details of the other vehicle/s involved, if there are any.
- Take photographs at the time of the accident
- Write down the names and contact details of any witnesses.
Taxi Accident
- All drivers have a duty of care to their own passengers, as well as to passengers in other vehicles
- In a taxi accident, the driver’s insurance own insurance, or that of the company he works for, will cover you
- Write down the name and contact details of the taxi driver, the registration number of their taxi and the name and telephone number of the taxi firm they work for
- Also, the name and contact details of any other drivers involved in the accident and the registration numbers of their vehicles
- If there are any witnesses to the accident, then take their names and contact details
- Take photographs of the accident scene from a variety of angles, or make a sketch, as soon as possible after the accident
- Write down the sequence of events that led up to the accident
- Take photographs of your injuries.
