Claiming Compensation as a Passenger
If you are injured in an accident as a passenger, you are able to pursue a claim for damages – even you know the person at fault for the incident.
Passenger accident claims
As a passenger, you place your safety in the hands of the driver and the other road users around you. They have a duty to protect your health and safety, so far as is reasonably practicable. If a driver fails to drive with due care and attention, causing you to suffer harm, you will be able to recover compensation for the injuries you have incurred.
This applies even if you know the driver who caused the accident. This might seem strange, but in personal injury claims, someone must be found responsible for the accident – generally, this will be another driver, or it will be the driver of the vehicle in which you were travelling. If it is the latter, then it is possible this will be a friend or family member.
Lots of people feel uncomfortable making a passenger accident claim against someone they know. However, you must remember that if you have been wrongfully injured through no fault of your own, you are legally entitled to recover damages for the physical, financial and emotional injury you have sustained.
Furthermore, as long as the driver at fault is insured, he/she will not have to pay anything out of their own pocket. Rather, their third-party liability policy will cover the cost of any legal action taken against them. The only time this does not apply is if the person at fault was uninsured, either knowingly or unknowingly.
Claiming compensation as a passenger
As an injured passenger, you can claim benefits under Part 7 of the Insurance (Vehicle) Regulation Act, and/or you can pursue a personal injury claim. The advantage of a personal injury claim is that you can obtain damages that are not recoverable under a Part 7 claim, including out-of-pocket expenses.
However, if you want to make a personal injury claim, it is recommended that you instruct a personal injury lawyer to act for you. This is because you need to collect evidence that proves the driver was at fault and shows that the accident was the cause of your injuries. A personal injury lawyer will gather this evidence on your behalf, putting forward a strong case.
A personal injury lawyer will also liaise with ICBC and will deal with any counter-arguments they put forward. For example, ICBC might say that you were in part responsible for the accident because you were distracting the driver. This is known as contributory negligence. In such cases, your lawyer will use their legal expertise to ensure you get the compensation you deserve.
Passenger accident claims British Columbia
If you have been injured as a passenger and are looking for a passenger accident lawyer to help you claim compensation, contact us at John Mickelson Law Corporation or call us at 604 684 0040.Go back to Blog