comercrawley
Your questions answered……
Question: I have been injured in a car accident caused by my husband – can I claim compensation?
Answer: Yes, a compensation claim can be pursued by, say, an injured passenger in a car even if the accident is the fault of the driver and s/he is a relative. The other common example is a claim brought by an injured pillion passenger on a motorcycle.
A claim can still be brought even if the injured passenger is also covered by the motor insurance policy. This would occur where, say, a husband and wife are both insured to driver a vehicle; if the husband is driving and causes an accident that injures his wife who is a passenger in the car, the wife can pursue a claim against her husband which the motor insurance company with deal with.
Therefore, the fact that you are related to or living with the person responsible for the accident does not prevent you from pursuing a claim for compensation against them. Provided that person is insured to driver the car then the insurers will be responsible for the claim. If the case when to court, legal proceedings would need to be issued against your partner. However, the insurance company would be responsible for paying whatever compensation was agreed or awarded. It is worthwhile mentioning however that the vast majority of personal injury claims settle without the need to start court proceedings.
If you have a question for our legal advice team you can submit it by email: enquiries@comercrawley.co.uk or in writing to: Chancery House, Victoria Road, Diss, Norfolk IP22 4HZ.
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