Road Accidents – Claiming for Passengers and Child Passengers

Jan. 12, 2010 - PRLog -- It is a little known fact that if a child under 18 has suffered an injury in a road traffic accident, a personal injury claim can be made on their behalf by a parent or guardian. Even if you were travelling in a family member or friend’s car, and the accident was their fault, you can still pursue an accident claim. The compensation is paid by the insurance company and not the person responsible for the accident. Specialist solicitors usually offer a ‘no win no fee’ service to those looking to make this type of claim.
The website http://www.personal-injury-careline.co.uk/blog says, if you are involved in an accident that is your fault and your children are in the vehicle and have been injured, you are able to make a claim for each of them on their behalf. In this case, the compensation would be paid out by your insurance company. Also, if a person is injured in an accident as a child and has never claimed, they are able to make a claim up to the age of 21.
A passenger who has been injured and making a claim can be associated with either, the fault or non-fault side. As a passenger is never in control of the vehicle involved their case will always be successful provided that they have seen a doctor or been to hospital. Passengers entitled to make an injury claim are understandably often family members or friends of the person responsible for your accident.
If you are the driver of the car and the accident has been your fault you would not be able to make a successful claim, however your passengers will. The website http://www.personal-injury-careline.co.uk will give more details about compensation for passengers.
If the other driver wasn’t identified, you can still claim. All motor insurers are required to pay into a scheme operated by the Motor Insurers Bureau (MIB). This is effectively a contingency fund which is used to pay out claims arising from accidents caused by uninsured and ‘hit and run’ drivers.
Deciding to make an accident claim as a passenger
Personal Injury Care Line based in Manchester advise that people should not hold back on making an injury claim due to the accident taking place whilst they were in the vehicle of a friend or family member as the person responsible will have paid insurance premiums to make sure that in this eventuality both themselves and their passengers are covered. Those who are suffering from back strains or neck pain as a result of the accident could still make a successful claim as well as those who have sustained more serious injury.
If you have been hurt in a taxi, bus, train or any other form of public transport you should not be concerned about making a no win no fee claim as companies pay thousands every year for the right insurances to cover their business and customers.  
Tips on Making a Successful Claim
Look for an experienced company and ask important questions like ‘will I receive 100% of my compensation’, ‘do I need to pay any money up front’, ‘do I need to pay anyone a fee once the case is settled’ and finally ‘are costs recovered from the other side’ (i.e. the person at fault).
A good company will explain the procedure in full and ask you some questions about the injury you sustained, how long the problems lasted and how it affected your day to day life and work and how long you were affected; for example, if you suffered back strains which prevented you from doing household chores like washing and ironing for 2 weeks following the accident.
Beware of accident Management companies; these are people who come to the scene of an accident or turn up at hospitals sometimes known as ‘Ambulance Chasers’. They are salespeople working on commission. Any personal injury company you speak to will want your claim and although they should not do this some will bend the truth to get it! So, never be swayed by stories of previous cases, their success and the compensation they have received as each case is different.
Factors which Affect Compensation Payouts
The website http://www.personal-injury-careline.co.uk/blog says - The most common reason for compensation being reduced is where the passenger was not wearing a seat belt ; this could reduce the payout by 25% for your accident. Another more serious circumstance is if the person at fault was drink driving and the passenger knew that the driver was over the limit. A reduction would be made in this circumstance.

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