I was injured as a passenger in a car that was hit from behind. What are my rights?
If you were a passenger in a vehicle which was hit from behind
, you can claim compensation for your any injuries you suffer.
Who do I make a claim against?
As you were not driving at the time of the accident you are perfectly entitled to make a claim against the guilty driver
. It is their responsibility to drive safely and to avoid having any accidents.
If the driver of the car in which you were a passenger is at fault then your claim for compensation must be against that driver
. Their insurer will deal with the claim.
If driver of the vehicle which hit you from behind was responsible for the accident, then a claim can be made through their insurer
Both drivers might argue who was at fault
for the accident. In that case the insurer of the vehicle in which you were a passenger will deal with your claim because you were an innocent party to the accident.
How will my claim affect the driver?
You may feel worried if the driver of the car is a member of your family or a friend. However, your claim will not cost them anything
, except maybe their no claims bonus. If you don’t make a claim but others involved in the accident do, then their no claims bonus will be affected
The amount of claims brought and the value of the claims has no effect on the insurance premium
. In effect, a claim is a claim.
If you are awarded any compensation, then most of the fees or costs you have to pay will be covered by the driver's insurance company
How do I start a compensation claim for my injuries?
There are strict time limits in place to make any injury claim including those from road accidents. Generally, you have 3 years from the time of the accident
to make a claim.
When looking for a solicitor, ensure that they are members of the Motor Accident Solicitors’ Society (MASS)
, as all their members must follow a minimum standard of service set out in its own charter. Other recognised associations include ‘Lawyers Against Fraud’ and the ‘Association of Personal Injury Lawyers'.