Accident claim compensation reduced for passenger negligence
As the festive season nears its close, personal injury lawyers are warning anyone wishing to pursue an accident claim after a collision in which their driver was over the legal alcohol limit, that their damages award is smaller as a result.
If a court finds that a passenger knowingly got into a vehicle driven by someone who had been drinking or if they failed to wear a seatbelt, then it can be ruled that the passenger was in some way responsible for their personal injury.
In some cases an award of car accident compensation could be denied completely.
A personal injury law spokesperson said, "Many people don't know that if the court finds that a passenger has in some way contributed to their own injuries by being negligent, then the damages payment could be reduced or they could receive nothing at all.
“This means that if you get into a car with a drunk driver and you have an accident and can’t go back to work then there may well be no payout to support you or your family as you try to recover.
“This could well leave families destitute and with no income to get through a very difficult time.”
Updated on 06/01/2010