Dronfield Online Novmeber 2010 - Taylor&Emmet LLP Solicitors

Dronfield Online November 2010

By Jonathan Stittle, head of personal injury at leading Sheffield solicitors, Taylor&Emmet LLP. Jonathan ensures that when things do go wrong, clients benefit from high quality legal advice to aid their recoveries. As the dark nights draw in, he explains the rights a passenger in a car accident has to make a claim, regardless of who was driving...

I was injured in a car driven by my partner. Surely I can’t make a claim?

Our answer is usually, yes you can.

Many people think they don’t have the right to make a personal injury claim when they are travelling as a passenger in a car driven by their partner or spouse.
This is possibly a rumour spread by insurance companies, as it quite legal to apply for compensation in these circumstances.

Like all passengers, if you are hurt in a road accident through no fault of your own, a claim is very likely to succeed.

We often represent people injured in cars and unless they grabbed the steering wheel or otherwise caused the driver to crash, they are nearly always awarded the compensation they are entitled to for injuries, loss of earnings, damaged property, care provided by others, medical bills and other damages. The costs will usually be borne by the insurance company covering the driver of the car or whoever was responsible for the collision.

Even if the party at fault is related to the injured person, their insurance will encompass any passenger. As the driver has probably lost their no-claims bonus by damaging the vehicle in the accident, their insurance renewal costs will not increase any further if a personal injury claim is brought by family members or friends.

These types of cases are very common in reality and we are often asked to act for several members of the same family if they have been involved in a car accident. The driver must have a different solicitor and the law does not allow the person who caused the accident to benefit from the claim, so they cannot be reimbursed for any care or assistance they provide to accident victims.

If you think you may have a personal injury claim, you can drop into one of the free surgeries held at our Dronfield office every Wednesday from 5-7pm, or arrange a no-obligation appointment. Our legal specialists will help establish if you have a claim, how much action will cost (in most cases it is free) and how long it will take.

For more information about making a personal injury claim following a car accident or any other type of incident, contact Taylor&Emmet on (0114) 218 4000 or visit www.tayloremmet.co.uk.