Passengers in a vehicle involved in a road traffic accident acquire rights as a result of their involvement in the accident and may claim significant compensation, depending on the circumstances and the factual and legal substantiation of their claim.
First of all, the front-seat passenger and any other occupants bear no liability in the event of an accident, as they do not have control over the vehicle. They are entitled to compensation whether they are injured or not.
Moreover, passengers may take action both against the driver of the other vehicle that caused the damage and against the driver of the vehicle in which they were traveling. In other words, passengers may be compensated by the insurance company insuring the vehicle at fault.
In cases of injury, many people confuse compensation with criminal prosecution. A passenger may bring a claim and seek compensation from the insurance company of the vehicle in which they were traveling for moral (non-pecuniary) damage, bodily injury, and distress. Civil compensation for damage is in no way connected to the criminal prosecution of the driver at fault. Therefore, a passenger should be aware that even if they claim compensation, they may request that no criminal prosecution be initiated against the driver of the vehicle, provided they do not wish to bring a close person before the criminal courts.
If the driver of the other vehicle is at fault, the passenger may bring legal action against that driver and their insurance company.
If there is shared liability between the driver of the other vehicle and the driver of the vehicle in which the passenger was traveling, the passenger may bring a claim against both drivers and their respective insurance companies and will be fully compensated by one of them.
However, it is important for the passenger to be aware that contributory negligence may be attributed to them, resulting in a reduction of the compensation amount they are entitled to, in the following cases:
- if they were not wearing a seatbelt or helmet;
- if it is proven that they knew the driver was under the influence of alcohol, intoxicating substances, or did not possess a valid driving license;
- if it is proven that they knew the driver was generally careless and exhibited extreme and dangerous driving behavior. In such a case, the passenger will bear responsibility not for the occurrence of the accident itself but for their injury, on the grounds that they accepted the risk and the possibility of being involved in a traffic accident by entering the vehicle.
From the above, it is clear that in order for a passenger in a vehicle involved in a road traffic accident to be compensated, it is necessary to file a lawsuit before the competent courts.
However, this alone is not sufficient. It is also crucial that the relevant claim be formulated in the lawsuit in a legally substantiated, well-reasoned, complete, specific, and clear manner, so that the court may accept the claim and the passenger may receive the compensation to which they are entitled.
