Car accident solicitor explains why a driver at fault cannot claim compensation for personal injury – but how the passengers in the vehicle can make a claim.
Driver At Fault’s Car Accident Question
I was driving my car from Leeds to Scarborough with my wife and two children as passengers. We had passed York and where travelling on the A64 approaching a set of lights. The car in front slowed down and I reacted a little late. Unfortunately – it was raining heavily and my car hit the car in front with quite some force.
An ambulance arrived at the scene as did the police and we were all taken to hospital. Between us we suffered bad whiplash neck injuries, lower back injuries, concussion, knee and wrist injuries.
Luckily the airbag gave some sort of protection.
My insurance was fully comprehensive. Is my insurance company right to say that I cannot
claim any personal injury, because I was the driver at fault?
Specialist Road Accident Solicitor Response
“Yes” – the insurance company is correct. You cannot claim for your own injuries if you were at fault for the accident.
The driver and passengers in the other vehicle would be able to claim from you and your insurer as would the passengers in your car, but unfortunately you as the driver (who is at fault) cannot claim for personal injury from your own insurer.
You would however be able to claim for your vehicle damage or write-off value (subject to a policy excess) plus all the claims made against you for the other party’s vehicle damage and personal injury would be met by your motor insurer.
Your wife and children would also be able to claim for personal injury and subsequent financial loss from you and your insurer. Since no doubt the other driver will already be claiming from you there would be little further effect on your policy for your wife and children to claim from you.
The sums that could be awarded for the injuries you have listed, including whiplash neck injuries, lumbar spine injuries, concussion, knee and wrist injuries could result in a significant claim. Please note any sums awarded for children would have to be retained in the courts fund office until the children reach the age of 18 years.
Also, as you are technically the party at fault – your wife would most likely be the best person to act as litigation friend for your children’s claim.
Online Road Accident Solicitors Assistance With Your Passenger Injury Claims
Should your wife wish to discuss making a claim for herself and your children – please click car accident claims solicitor to speak to a specialist solicitor direct, make an online enquiry or arrange a specialist to call back.
