Compensation for a Back Injury in a Car Accident
Is it possible to claim compensation for back injury in a car accident if I was a passenger and the driver of the vehicle was to blame for the accident?
There should be a good likelihood of being able to recover compensation for a back injury in a car accident if you were the passenger in a vehicle as, while the driver of the car you were in was to blame for the accident, passengers are usually deemed to be innocent third parties. However, if your actions as a passenger contributed to or primarily caused the accident, this would certainly jeopardise being able to claim personal injury compensation against the driver’s insurance policy.
In order to claim compensation for a back injury in a car accident as a passenger in a vehicle there are a number of procedures which must be followed. Many of these procedures may have already been completed by the driver; however you should check to make sure this is case. It will not be possible to make a claim for a back injury in a car accident if the accident has not been reported to the police. If the driver failed to report the accident, it is your responsibility to make a police accident report.
If the accident involved any other vehicles, you should have made a record of the contact details of all third parties involved in the accident. You must also have had your injury assessed by a doctor and, if you have not yet sought medical attention, this should be your number one priority. A claim for compensation for a back injury in a car accident will not be possible if your injury is not recorded in your medical records.
Claims for injuries to car passengers can also be complicated if the driver of the vehicle was under the influence of alcohol. If you knowingly allowed yourself to be driven by someone who was over the legal blood alcohol limit, or who was driving under the influence of drugs and you were aware of the fact, you will have placed yourself at a high risk of being involved in an accident. Under these circumstances it is likely that your eligibility to claim or the amount of compensation you are entitled to will be affected.
Passenger car accident claims have potential to be complicated by the fact that the claim will most likely have to be made against the insurance policy of a family member or friend. Having a solicitor pursue the claim on your behalf can help to reduce awkward confrontations and will ensure the claim process runs as smoothly as possible. We recommend speaking to a personal injury solicitor about your case as soon as possible to ensure that your right to recover back injury compensation is preserved.