Passengers are not in control of the vehicle they occupy and so cannot be guilty of negligence in terms of causing the accident. They rely on their driver and other road users to drive safely. This means that whenever a passenger is injured in an accident they will almost always have a claim, either against their own driver or against the other party involved, depending on who caused the accident. Because motor insurance is compulsory there will usually be an insurer to meet the claim.
Wearing a seat belt – will this affect a claim for compensation?
The only negligence issue for passengers relates to use of a seat belt. With a few limited exceptions, all vehicles are fitted with seat belts and they are required by law to be used. If a passenger is injured in an accident whilst they were not wearing a seat belt then they are likely to have their compensation reduced by a percentage to reflect that ‘contributory negligence’. The amount of the deduction will be a percentage of the total and that percentage will depend on the injuries suffered: if the medical expert(s) concludes that the injuries would have been avoided altogether by the wearing of a seat belt then the deduction will usually be 25%, but if the expert evidence is that there would still have been some injury even if a seat belt were worn then the deduction should only be 15%.
In many cases it can be shown that there was likely to have been some injury in any event, perhaps because the speed of the collision was such that there would have been some injury from the seat belt itself, and so the deduction there should be limited to 15%.
Starting your claim
On contacting us you will speak in confidence to a member of our road accident team who will ask you specific details about your injury including where and when it took place. It is helpful to the claims process if you can provide us with as much information as possible, including any relevant pictures of the injury, pictures of where the injury took place, details of any witnesses and reports of any medical treatment you had as a result of the injury.
Contact us today
For a free initial conversation call 020 7485 8811
Email us Send us an email and we’ll get back to you
"Mark Freedman boxes clever, keeps his powder dry and when it comes to the end game he negotiates a really good deal."
"Elsepth Neilson - very competent private client lawyer, with good instincts for the merits of the case and a good manner with sometimes difficult clients."
Ben Posford leads the catastrophic injury team and regularly represents claimants in neurological injury and fatal accident claims. He also has a niche specialism in claims involving cauda equina syndrome.
"I was impressed and grateful from the very beginning - the team are extremely detailed, very thorough, helpful and reassuring at the same time. I would absolutely recommend Osbornes Law."
Samuel O'Flaherty has managed 3 different claims regarding housing (possession/eviction order) and benefits entitlement to date. His service is impeccable. He is extremely thorough in his investigations and has achieved two successful outcomes for the client so far. I have complete faith that success with the third outcome will be achieved through his diligence and commitment to providing a top quality service. I would highly recommend his services and that of the Osborne Law in general to anyone who needs legal representation to address such matters.
Client StoriesVIEW ALL
- 6.6.2023
London Cycling Injury Case Studies
Successful claim by cyclist injured after a hit-and-run Our client had been playing volleyball in the New Cross area of...
Read more - 4.5.2023
Cycling Accident Claims: Client Stories
GP Awarded £1m Settlement Kate Milton, a Senior Associate at Osbornes Law settled a cycling accident claim for a 52-year-old...
Read more - 11.4.2023
£250,000 settlement for client injured in forklift truck accident
Sophie Davies, a specialist personal injury lawyer at Osbornes Law, recently represented a client who suffered life-changing injuries following a...
Read more - 30.3.2023
Accident at Work Client Stories
£20,000 for Industrial Injury Claim Enviro-Strip (UK) Ltd have been ordered to pay £20,000 in accident at work compensation after a worker...
Read more - 14.2.2023
Fatal Accident Case Studies
Settlement for Pedestrian Killed Crossing the Road Laura Swaine, an Associate at Osbornes Law acted on behalf of a family...
Read more - 19.1.2023
Claimant receives settlement after vicious dog attack
The Claimant had been walking her two dogs on the lead, late at night, near to her home. As they...
Read more - 18.1.2023
Pedestrian receives £1.75 million following amputation
Kate Milton, acted on behalf of a Romanian National who was hit by a speeding vehicle as she was walking...
Read more - 18.1.2023
Motorcyclist receives £3 million in settlement
Kate Milton, a Senior Associate at Osbornes Law settled a claim for a 27-year-old motorcyclist who was involved in a...
Read more - 5.10.2022
Cyclist Receives £50,000 After Hit by Sports Car
Andrew Middlehurst, a lawyer in the specialist cycling injuries team at Osbornes Law, recently settled a claim for a cyclist...
Read more - 25.7.2022
London cyclist struck by 4×4 receives settlement
Andrew Middlehurst, a lawyer in the specialist cycling injuries team at Osbornes Law, recently settled a claim for a cyclist...
Read more - 19.6.2022
Car accident client stories
Below is a summary of the car accident claims that the personal injury specialists in the personal injury claims department...
Read more - 30.5.2022
Injured London Cyclist Receives £70,000 Settlement
Cycling accident lawyer, Laura Swaine, recently settled a claim for an injured cyclist who sustained serious injuries to her wrist...
Read more - 4.5.2022
Settlement reached for cyclist after insurers deny liability
Personal Injury specialist, Laura Swaine, recently settled a cycling injury claim following the driver fleeing the accident site and refusing...
Read more - 28.2.2022
Client left with brain injuries after car accident...
Our Spanish client was the front-seat passenger in a car driven by her husband who was involved in a high-speed...
Read more - 25.1.2022
£130,000 Settlement for Cyclist Struck by London Taxi
Andrew Middlehurst, a specialist cycling injury lawyer, has settled a claim for a cyclist who was struck by a black...
Read more - 9.1.2022
Settlement secured for head injury caused by hammer...
Osbornes Law has secured a £100,000 settlement for her client who suffered serious head injuries after being attacked in prison by...
Read more - 17.11.2021
£270,000 settlement for school accident
Osbornes Law secures a £270,000 settlement for a Polish woman who slipped as a schoolgirl on a wet floor at school....
Read more - 17.11.2021
£100,000 settlement for tripping at work
Osbornes Law secures £100,000 settlement for Hungarian woman who tripped over a shopping bag at work Siobhan McIvor, a Partner in...
Read more - 17.11.2021
£165,000 settlement for factory accident
Siobhan McIvor, a Partner in the Personal Injury Department of Osbornes Law, has settled a £165,000 accident at work claim, with...
Read more - 16.11.2021
Significant lump sum for below the knee amputation
Mr N, a Romanian man in his 30s, came to the UK to work with his father-in-law in early 2018. He...
Read more - 5.11.2021
Seven figure leg amputation settlement
Mr S was walking across the yard at work when he was run over by a forklift truck from behind....
Read more - 26.10.2021
Examples of Serious Head & Brain Injury Settlements
C–v-N Child pedestrian crossing road knocked over by car when running into road sustaining a traumatic brain injury and...
Read more - 6.10.2021
Multi-Million Settlement After Motorbike Accident
Our lawyers achieved a £5m settlement for a 54-year-old man following a motorbike accident. As a result of the accident,...
Read more - 14.9.2021
Claim Settled for £70,000
Andrew Middlehurst, specialist bicycle accident lawyer at Osbornes Law, has settled a claim for an injured cyclist in the region...
Read more
Contact us today
For a free initial conversation call 020 7485 8811
Email us Send us an email and we’ll get back to you
Insights From our Personal Injury Lawyers VIEW ALL
- 8.10.2020
Pedestrian hit by car on zebra crossing settles...
Blanca Diego, Solicitor in the Osbornes Personal Injury Department, recently settled a claim for a Spanish client who sustained injuries...
Read more - 21.9.2020
Motorcyclists – Could your actions be invalidating your insurance?
Insurance cover for you and your bike is vital in the event of an accident or theft but beware – insurance...
Read more - 15.7.2020
Osbornes Law joins legal panel of national road...
Osbornes are delighted to announce that the firm has joined the legal panel of the national charity for road crash...
Read more - 16.1.2020
Preparing for winter riding
Winter weather means tougher riding conditions for motorcyclists so it’s important to be prepared. Over the years I have...
Read more - 20.6.2019
Brachial plexus injuries claim
In my career I have worked for the two biggest motorcycle insurance brokers in the UK and assisted their policyholders...
Read more - 25.3.2019
RTA Claims Process
RTA claims process reforms Where are we, exactly, with fixed fees now that the Road Traffic Accident (RTA) claims process...
Read more - 19.6.2018
Pedestrian knocked down receives £535,000 compensation
Osbornes acted for Mr M, a Polish graduate who was injured in a road accident when he was knocked down...
Read more