If you have been injured as a passenger in a private car, on a motorbike, commercial or other vehicle, or on public transport, then you may be entitled to make a personal injury claim depending on the circumstances.
Making a Claim*
It is important to note that it is the responsibility of the negligent driver’s insurance company to deal with your personal injury compensation claim, and not the driver. If the driver was uninsured or the vehicle which caused the accident left the scene and is untraced, it may still be possible to make a claim through the Motor Insurers’ Bureau of Ireland (MIBI) scheme. The MIBI compensates victims of accidents caused by uninsured, untraced or unidentified drivers and also provides a mechanism for compensation where an accident is caused by a foreign registered vehicle.
Contributory Negligence
In the majority of cases a passenger is a wholly innocent party and the main issue for consideration is the extent of the personal injuries, loss and damage sustained by the injured passenger and the level of damages considered adequate compensation.
However, there are circumstances where a passenger claim will face a difficulty particularly if it is found that the passenger negligently contributed to his or her own injuries. A finding of contributory negligence against the plaintiff may defeat the claim or reduce the level of compensation awarded.
Factors to consider include whether the claimant:
- Failed to wear a seat belt
- Travelled in a vehicle knowing the driver to be intoxicated
- Travelled in a vehicle knowing that it was not covered by insurance
- Travelled in a stolen vehicle
- Otherwise contributed to his or her own injuries
Expert legal advice should always be sought when injured as a passenger.
If you were a passenger in a vehicle involved in a road traffic accident within the last 2 years and you have suffered personal injuries, then you may be entitled to make a negligence claim depending on the circumstances.
If you wish to discuss a potential claim or would like advice on any matter, please Contact Us for a consultation.
*in contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award of damages.
