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Involved in an accident as a passenger

What if you have been involved in an accident as a car passenger or on the back of a motorbike? Or suffer a fall on a train, bus, or tram due to a hard braking? Who can you hold liable for your personal injury? One thing is certain: as a passenger you are nearly always eligible for compensation.

Opt for free legal assistance

Have your compensation claimed by an experienced lawyer. Passengers and co-drivers who sustain a personal injury are entitled to free legal assistance. Even if the driver of the car you are travelling in caused the accident. Our lawyers can offer you this assistance. We claim all our expenses from the liable party. Fill in your name and phone number in the contact form and provide details of the accident. We will call you back the same working day.

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JBL&G hukukçusu Eveline Mulder.

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The passenger is not to blame

How often do you travel with someone as a passenger? During these trips you may become involved in an accident and sustain a personal injury. This may happen both as the:

  • Passenger of a car, van, or invalid vehicle, or the
  • Passenger of a moped, scooter, or motorbike.

As a passenger involved in a road accident you are nearly always eligible for compensation. The law considers you a blameless passenger. If there are two road traffic participants involved in the accident, you are the blameless third party. We will explain this below.

Personal injury caused by an accident

Most traffic accidents involve two parties. Imagine you hitch a ride with your brother to a family dinner. While waiting at a red light, your car is hit from behind. In this case, the other party can be held liable. But even if it was your brother who caused the accident, the damage you suffered as passenger must also be compensated. Even if the car you are travelling in is not insured. Please contact us for free legal assistance to claim your damages.

Admission of guilt can be a rather time-consuming affair in a personal injury case. It is you who will suffer from this. That’s why the Schaderegeling schuldloze derde (Claim settlement for blameless third parties) was set up. Under this scheme you can directly claim compensation from your brother’s third-party liability insurer. Even if he is not to blame for the accident. In that case, the third-party liability insurer will have to settle this claim with the other party.

Naturally, this will also be the case if both parties are to blame for the accident. For instance, if the other party did not observe the right-of-way rules but your brother neglected to indicate that he was turning.

When you are involved in an accident as a passenger, you are a blame-free third party. You are therefore always entitled to compensation.

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Can you also be to blame yourself?

As a passenger you are never to blame for an accident. However, it is possible to ascribe a certain degree of own blame. Not for causing the accident as such, but for the seriousness of the injuries you sustain. If, for instance:

  • You were not wearing a seatbelt.
  • You were not wearing a helmet on the back of a scooter or motorbike.
  • You got into a car knowing that the driver was under the influence of drugs or alcohol.

In these situations, you intentionally and consciously jeopardised your own safety. However, this does not mean that you are not eligible for compensation. Usually more than 50% of your personal injury claim will still be paid in such cases.

Were you in a car accident while the driver of the car was under the influence? First, the cause of the accident must be considered. Two situations may have occurred:

  1. The accident was caused because the driver was under the influence. In that case, it is the driver’s own fault. If you knew that the driver was under the influence, you will only receive a partial payment of your personal injury claim.
  2. The accident was not caused by the fact that the driver was under the influence. In that case there is no relationship between the injury and your own fault. Your personal injury claim will be fully paid.

If your claim has been denied on one of these grounds, you should always ask for second opinion. Our lawyers will then be able to resubmit your claim.

Personal injury caused by hard braking by a bus, tram or train

You can also get injured if you travel by public transport. Busses, trams, and trains are often forced to make a hard brake. This may cause you to sustain a heavy fall. In that case you are nearly always eligible for full compensation by the transport company concerned. Even if it is not to blame for the accident. This is because the event is certainly not your fault.

Involved in an accident as a passenger? Seek legal assistance

Always seek legal assistance if you are involved in an accident as a passenger. We advise you to seek free legal assistance in case of personal injury. You are entitled to it in accordance with Article 6:96 of the Dutch Civil Code. Find out here how this can be free of charge for you. Our lawyers always provide their services to personal injury victims free of charge. Your dedicated lawyer will take charge of everything, including:

  • Holding the insurer of the other party liable
  • Holding discussions with the insurer
  • Calculating the damages
  • Claiming advance payments on the final settlement amount
  • Making sure that the settlement agreement includes provisions that are essential for you

While your dedicated lawyer is working on your behalf, you can concentrate on your recovery. In the meantime, you will be kept informed of all developments of your personal injury claim. Contact us today. Send us the contact form with your name and phone number and details of your case. One of our lawyers will call you back the same working day.

Ne oldu?

Aşağıdaki iletişim formunu doldurun ve uzmanlarımızdan ücretsiz ve yükümlülük altına girmeden danışmanlık alın!

JBL&G hukukçusu Irene van der Linden.

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