Van Passenger Claim: Find out who you can claim compensation from if your accident is caused by the driving error of a work colleague
Van passenger claim online question answered by works vehicle accident solicitor setting out how to claim compensation and addressing common issues of potential claims against an employer.
- Van Passenger Claim Question
- Who To Claim Compensation From
- The Types Of Compensation You Can Claim
- Pain & Suffering Compensation
- Financial Loss & Expense Compensation
- Risks Of Claiming From Employer
- Free Specialist Solicitor Assistance
Van Passenger Claim Question
I work as a builder and I was front seat passenger in a works van driven by my supervisor who is employed by the same building company. We were travelling to a customer’s address to start work on a building extension.
The weather was quite bad and as we approached a sharp bend on a country road – my colleague approached a little too fast so had to brake sharply lost control, flipped and rolled the van ending in a ditch.
I think I must have passed out as the next I knew was the ambulance service cutting us out of the vehicle and taking me and my supervisor to hospital in an air ambulance.
At hospital – I was told that I had broken my left wrist, had some minor head injuries and had damage to my lower back and neck. I also have a lot of pain in my left knee, which is still under investigation, although it is suspected cartilage damage.
I was in hospital for 3 days and it is now 3 weeks later. I am currently signed off work.
I am very worried as my job as a builder is very physical. I am uncertain how long I will be unable to work and I am currently only receiving SSP.
As a passenger in works van would I be able to make a claim for some form of compensation?
Works Vehicle Accident Solicitor Response
Looking at each aspect of making a van passenger claim in turn:
Who To Make A Van Passenger Claim Against?
As you were a passenger, whether in a works vehicle or otherwise, you should be able to claim compensation. Usually a claim would be made against the van driver and his motor insurer, but as it was a works vehicle and it was an employee who was driving – the van passenger claim would be made against your employer and the business motor insurance.
An employer is considered to be responsible for the negligent acts of its employees and is clear a driving error was made otherwise the van would not have rolled, so you would have a strong claim for compensation.
See our detailed article proving liability in a road accident claim.
What types of compensation will your van passenger claim include?
The types of compensation you can claim – includes:
Pain & Suffering & Loss Of Amenity
You can claim for pain & suffering & loss of amenity for the injuries you have set out, which primarily seem to be a number of physical injuries (some of which need further exploration to determine the extent of injury).
However, given the nature of the accident it may also be that you have suffered some form of psychological injury, such as post-traumatic stress disorder. Psychological injury should not be overlooked, as you can also claim compensation if such injuries are present.
Your GP, hospital notes, scans and x-rays are important pieces of evidence to determine the nature of your injuries. However, as part of the van passenger claim procedure – you will have a further examination with an independent medical expert, who will examine you and access your medical notes. This will be the primary evidence your solicitor will rely on in proving the extent of your injuries.
We also recommend keeping a diary of your symptoms on a daily basis so that nothing is overlooked. Many accident victims focus on the worst injury and might overlook seemingly lesser symptoms, which later could prove long lasting once the initial symptoms have subsided.
See our articles explaining how to calculate compensation amounts for different types of injury you have experienced:
Financial Loss & Expense Including Lost Income
These will include all losses as a direct result of your van accident and will include lost income (both past and future loss); medical expenses, care & assistance.
See road accident heads of loss for more examples of losses your van passenger claim may include.
Why Not To Be Concerned About Claiming Against An Employer
Most workers are concerned about the effect on their job of making a claim against an employer.
Remember: Your employer has to have insurance for such claims and will have likely already claimed for the write-off of the works van.
In any event the Health & Safety Executive would have had to have been informed as your accident resulted in an absence for more than 3 days so whatever harm may occur to your employer will already have happened.
I would only say be discrete with other work colleagues if you are claiming. They don’t need to know the ins and outs of your van passenger claim and your employer will appreciate this discretion.
In any event – an employer cannot dismiss you as a result of an accident at work as this will usually be classed as being automatically unfair and as such against your employment rights.
Van Passenger Claim Specialist Solicitor Help
We recommend that you speak with a solicitor to understand your options about making a claim, including how no win no fee can help you.
We offer a number of free online and telephone legal help options with a van passenger claim – including asking a question, having your claim assessed and discussing how your claim might be proceed if you were considering going ahead.