Can I claim if I’m injured as a passenger in a car accident?
If you have been injured as a passenger in a motor vehicle accident in Queensland, then you may have a right to claim compensation. Unfortunately car accidents do happen, and those who suffer injuries can extend to passengers as well as drivers. While the cause of an accident might be another car on the road, it could also be the driver of the vehicle you’re travelling in.
In either circumstance, being injured as a passenger in a car accident means you may have a right to compensation if the accident was due to the negligence of another person.
Our expert passenger accident personal injury lawyers answer some ‘frequently asked questions’ for those who may have been injured as a passenger. If you would like to discuss your particular circumstances, simply arrange your no-obligation initial consultation with one of our experts by completing the online enquiry form or getting in touch with our team us using the details on our Contact Us page.
Who would my passenger accident claim be against?
Broadly speaking, the claim will be brought against the insurance company responsible for the negligent party that caused the accident. Identifying the negligent party can sometimes be difficult, which is why you should obtain as much information and detail at the accident scene as possible. As it is a requirement in Queensland to notify the Queensland Police Service following a car accident, having police attend the scene may assist in identifying who caused the accident and whether negligence was involved.
What if a family member or friend was driving and caused the accident?
At Legal Arch, we understand that clients can sometimes be reluctant to make a claim for their injuries following a road accident in cases where the driver of the at-fault vehicle was someone they know. It’s important to be aware that any claim in Queensland for personal injuries arising from a car accident will be brought against the insurer for the at-fault vehicle. This means that the at-fault insurer will be responsible for any compensation payments made to you as an injured passenger, and not the at-fault driver.
If I’m injured as a passenger, what compensation am I entitled to?
A person injured as a passenger who brings a claim in Queensland against an at-fault insurer has the same right to compensation as drivers who suffer an injury because of another driver’s negligence. Depending on your circumstances, compensation can include coverage of rehabilitation and medical expenses, reimbursement of ‘out-of- pocket’ expenses, financial losses now and into the future if you’re unable to work, and general damages for pain and suffering.
Each personal injury law case is different, and so is the amount of compensation that an injured passenger is able to claim. If you have been injured as a passenger, discussing your particular situation with one of our expert passenger accident claim lawyers is the first step in knowing where you stand.