As the passenger in a car, can I claim pelvis injury compensation? I was travelling with my friend when he crashed into a hedge, for which he was entirely liable. But am I still able to make a claim if he was negligent?
Even as the passenger of a negligent driver it should be possible to make a claim for pelvis injury compensation. Passengers are often entitled to more compensation than drivers as not only are they rarely liable for an accident, but they often sustain more serious injuries. This is due to the fact that drivers often have a split-second in which to brace themselves for the impact of an accident — which passengers often do not — and also because passengers are often women and children who generally have weaker muscles, resulting in more serious injuries.
Making a claim as a passenger is similar to making one as a driver. An accident and injury must have occurred which was due to the negligence of another driver — in this case your friend. Medical attention should be sought and a police report submitted — although this may have already been done on your behalf by your friend. A solicitor should then be contacted in order to determine the strength of your claim and the amount of compensation to which you may be entitled. A letter of claim may then be sent to your friend’s insurance company. However, even if your friend accepts full responsibility for your injuries their insurers may dispute this, making the legal advice of a solicitor even more important.
It should be remembered that although you were not likely to be the cause of the accident, the amount of pelvis injury compensation to which you are entitled can still be reduced if you have been negligent. This could be as a result of the deterioration of your injuries if you failed to seek medical attention immediately after your accident. It is also possible that if you entered the car as a passenger, aware that your friend was drunk or uninsured, you could be determined to have taken a risk towards your own well-being. Compensation could still be claimed in this situation — however it can be reduced to reflect your own carelessness.
Even if the liability of your friend is clear with the accident and your injury, an injury claim as a passenger can still run into complications. For this reason the advice of a solicitor is important when making a claim. Such cases may take some time to prepare, and the statute of limitations places a time limit of three years upon making a claim. For this reason, you are advised to contact a personal injury* solicitor without delay if you believe you could be able to claim pelvis injury compensation.