Am I eligible to claim broken nose compensation if I was travelling in the car of the driver who caused the crash? I was aware that the driver was slightly drunk, but we weren’t travelling far.
It is possible to claim broken nose compensation as the passenger of a negligent driver — however if you were aware that the driver was intoxicated this could result in a reduction of the compensation you may be entitled to claim. Passengers in a car accident are often entitled to more compensation than a driver. Apart from the fact that passengers are rarely responsible for causing an accident, passengers often sustain more serious injuries in car accidents as they do not have the opportunity to brace themselves for the impact of an accident as drivers often do. Passengers are also frequently women and children, who because of their weaker muscles may sustain more serious injuries.
A broken nose compensation claim for a passenger will be made in a similar manner to that of a driver. The accident should be reported to the police if the driver had not already done so. It is also necessary to consult a personal injury solicitor in order to initiate a claim. Some may find such claims difficult to make, particularly if the driver is a family member or friend. However it should be remembered that the claim is made against the insurance policy of the driver, not against the driver personally.
However it should be noted that your broken nose compensation may be affected if you were aware that the driver was drunk at the time of the accident. If you were aware that the driver was above the legal limit, this could be seen as contributory negligence. While you may not be disqualified from making a claim, it is likely that your compensation could be reduced to reflect the risk you have knowingly taken.
As there is a strong possibility that your claim will be contested to some degree, it is recommended that you consult a personal injury solicitor at the earliest opportunity following your accident. The fact that the driver was drunk may result in your compensation being reduced if you were aware that he was unsuited to drive, but by how much is debatable. A personal injury solicitor can determine whether you share any liability for your accident and answer any questions you may have on making a claim for broken nose compensation.