Coach Accident Claim: Passenger And Driver Injury In The UK And Overseas,
In this article we will consider coach accident claims. Both when passengers can claim for injuries and when the coach driver can make a claim.
In addition – we explore liability to other vehicle drivers and claiming when an accident occurs in the UK or on holiday overseas.
Finally – you can access our coach accident claim Q&A / FAQ and use our free legal help service.
What is a coach accident claim?
When you are traveling on a coach as a passenger (and in some instances as a driver) when the vehicle is involved in a collision or other road accident you will typically be able to claim compensation for both your injuries and resultant financial loss and expense.
The type of coach accident will largely determine who is entitled to claim, For example:
Passenger injury claims
As a passenger you will invariably be entitled to claim if the coach you are travelling on is involved in an accident.
Coach driver error causing a collision
If the coach accident is caused as a result of an error by the coach– you will be entitled to claim compensation from the coach company. In essence – the employer of the coach driver through a doctrine known as vicariously liability.
The collision might either be with another vehicle or with a stationary objects, such as barriers, walls, etc.
Unfortunately, as the accident was the coach driver’s legal fault – the coach driver will generally not be able to claim for personal injury.
Other Road Users Can Claim From The Bus Company
If the coach driver was at fault for an accident, then other road users can claim for their personal injury and vehicle damage from the coach company. If the council or motor way authority can claim for damage to road infrastructure, such as lampposts, central divides, motorway barriers, etc
No collision but coach driver error
On occasion – a coach driver may cause injury to passengers even when a collision does not occur. For example:
- Sharp braking causing passengers to be thrown around unexpectedly.
- Erratic and speeding. For example – taking corners too fast.
- Setting off before a passenger has had the time to be seated or a disabled passenger has secured their wheelchair.
- Closing doors before a passenger has entered or exited correctly – causing crush injuries.
- Spillages and adverse weather causing slipping hazards.
Other vehicle driver error
It might be that the coach accident is caused by the driving error of another road user. For example – a car driver, motorcyclist, lorry driver.
Should this be the case, then both the coach driver and the coach passengers will be entitled to claim compensation from the other vehicle driver-at-fault and in turn that driver’s motor insurer.
Coach accidents on holiday
Sometimes you might be involved in a coach accident whilst on holiday. This might be in the UK or alternatively whilst on holiday overseas.
If overseas – the same rules will generally apply as in the UK as to who you can claim against.
In other words – the coach driver or the other vehicle driver. Basically – whoever is considered at fault for causing the accident.
A difficulty may however arise as to which legal jurisdiction you can make your claim in. To best illustrate this – we shall use some examples:
Holiday coach accidents in the UK
If you coach accident occurs in the UK – you can generally claim from the UK. Although – the UK itself does have different legal jurisdictions. England and Wales having one legal jurisdiction. Whereas Scotland having separate legal jurisdictions.
Generally – you would make your claim from the part of the UK where your accident occurred. However – if your holiday was booked as a package holiday then you could also claim from the part of the UK where the holiday was booked.
Coach Holidays Are Almost Always Package Holidays
Coach holidays are almost always package holidays as they generally will combine transport, accommodation, meals, etc. Generally these will all be supplied by a single tour operator ansd as such be considered a package holiday.
Accidents outside of the UK
When outside of the UK – it would depend on the circumstances as to where you can make your coach accident claim from. For example:
Coach holiday arranged from a tour operator in the UK
If the coach driver is at fault – generally you can claim from the UK under the package holiday regulations.
If however – an external foreign motorist caused the accident with the coach, you may struggle to claim from the UK and may have to claim from the country where the accident occurred.
Coach trip arranged overseas
If you arranged your coach trip whilst overseas using an overseas tour operator or coach company – you will typically be subject to the law of the land. In other words – you generally would need to make your coach accident personal injury claim in the country where your accident occurred.
Funding a coach accident claim
To fund a coach accident claim there will largely be two main options.
No win no fee
If you are claiming within the UK jurisdiction you will typically be able to fund a solicitor using a conditional fee agreement. Also known as no win no fee.
This will allow you to minimise your exposure to legal costs.
Travel insurance legal protection cover
Most people travelling overseas will have travel insurance. Either a bespoke product for the period away or annual travel insurance. Either way – it is very likely you will have legal protection cover that can fund a lawyer to help you make a coach accident claim.
Compensation payouts for coach accident claims
The amount of compensation you can claim will depend both on the nature of your injury and the body part affected by the coach accident.
Whiplash injuries lasting up to two years are generally subject to tariff.
Other types of typical injury – such as head injuries, broken arms and fractured legs are subject to the general law.
See our compensation payouts article for a description of how much you can expect for all manner of injury.
Q&A / FAQ
In this section – we set out questions we have received from accident victims in real life coach accidents together with a link to our detailed response.
Simply select the question below:
Coach Passenger Injuries Due To A High Speed Collision On A Motorway
Find out when a married couple can claim for personal injury and financial loss when a coach driver failed to brake in time on a motorway and hit the rear of a HGV at high speed causing multiple injuries.
SUMMARY
In summary – you have seen when coach passengers, coach drivers and other road users can make a claim for personal injury as a result of a coach accident
FREE Legal Help And Assistance
We uniquely offer free telephone and online legal help and assistance if you have been injured in a coach accident.
You can not only call our solicitor direct to ask a question, but also have your coach accident claim assessed.
