Passengers who are injured in motor vehicle accidents generally have access to the same entitlements as drivers who are injured in a motor vehicle accident, though some additional considerations apply.
What Compensation Can an Injured Passenger Claim?
As with injured drivers, a passenger has access to both the statutory scheme, providing for payment of weekly incapacity payments and treatment expenses, and also potentially a common law damages claim, if they can demonstrate that they suffer from a non-threshold injury and prove negligence on the part of another party.
An injured passenger will need to consider whether the accident is wholly or partly the fault of the driver of vehicle which they were travelling. If so, a claim can be brought against the driver’s insurer in the usual way.
People are regularly injured in vehicles driven by their spouse; friend, parent or other relation. CTP insurance should step in to cover the injured passenger, or in the absence of insurance, the nominal defendant.
What Happens if There Is a Dispute About Who Caused the Accident?
Issues can arise where the driver and/or passenger assert a third party is to blame, but the third party’s insurer denies fault. Generally, a lawyer will not act for multiple parties injured in the same vehicle unless it is clearly the case that the driver of the other vehicle is at fault, because a conflict of interest can arise.
A claim for statutory benefits must be lodged within 28 days of an accident for the benefit of backpay of weekly benefits, and no later than 3 months. A claim for common law damages must be lodged within 3 years.
Have you been injured in a car accident?
Turner Freeman Lawyers are expert motor vehicle and car accident lawyers who can manage compensation claims for all types of personal injury resulting from motor vehicle accidents. Injuries include spinal injury, head injury, fracture, whiplash, soft tissue and eye injury as well as shock, anxiety and depression.
