If you are injured in a road traffic accident that was not your fault, you can pursue a compensation claim for the damage you have suffered. Remember, you do not have to be the person driving the vehicle to take legal action; even if you were a passenger in a taxi, you will be entitled to claim for any injury you have wrongfully sustained. It is in your best interest to speak to an attorney as soon as possible.
Taxi Passenger Whiplash Claims
Incidents of taxi passenger whiplash unfortunately happen all too frequently, and we often receive inquiries from injured passengers asking whether or not they are able to pursue a claim. The simple answer is yes: if you have suffered whiplash in an accident for which someone else is to blame, you will be considered a victim of personal injury. It is, therefore, your legal right to recover compensation for the pain, suffering and loss of finance you have incurred.
Furthermore, it does not matter whether the person at fault was your taxi driver or another road user. It will of course be necessary to establish which party is liable, as this will determine who you claim against. For example, if your taxi driver was driving erratically or without due care or attention, thereby causing an accident in which you suffer whiplash, your claim will be dealt with by his or her motor insurer. On the other hand, if another road user is responsible for your injury, you will need to obtain their details. These must include their name, registration number and contact number. If they fled from the scene of the accident or do not have a valid insurance policy, you will still be able to make a claim, but it must be taken through the Motor Insurance Bureau.
However, what happens if you were not wearing a seat belt at the time of the accident? It is not unusual for people to jump into the back of a cab and forget to put their seat belt on. But will you still be able to claim if your failure to wear a seat belt contributed towards your whiplash injury? Again, the answer is yes: as a passenger, you cannot be held responsible for the accident, even if you were not wearing a seat belt. Nevertheless, there will be a case of ‘contributory negligence’, meaning your injuries were partly caused by your failure to take the necessary safety precautions. Consequently the sum of compensation will be considerably less.
Seek Early Legal Assistance
If you have been injured while you were traveling as a passenger in a taxi, it is vital you seek early legal advice. A solicitor who specializes in whiplash claims will be able to advise you upon what action to take next. If this involves making a claim, you could stand to receive a significant sum of compensation for the physical, emotional and financial damages you have endured.