Compensation for passengers in traffic accidents: your rights explained
Compensation for passengers in traffic accidents is an important right for anyone involved as a passenger in a traffic accident. As an occupant of a car or a pillion rider on a motorcycle or scooter, you are entitled to compensation in virtually all cases, regardless of who caused the accident.
Many passengers do not know that they are legally regarded as a blameless occupant. As a result, you usually do not need to worry about liability. In this comprehensive explanation, you will read exactly how compensation for passengers in traffic accidents works, when your damage is fully compensated, and what exceptions exist.
Why is a passenger entitled to compensation in a traffic accident?
The law provides extra protection for passengers. You are not driving the vehicle and have no influence on driving behaviour. Therefore, with compensation for passengers in traffic accidents, your personal injury is in principle compensated by a WAM insurer (the mandatory motor vehicle liability insurance).
For you as a passenger, this means:
- you do not need to prove who is at fault for the accident;
- you do not need to engage in a dispute between multiple drivers;
- the insurer must compensate your damage.
Read more about liability here: Liability in personal injury.
Compensation for passengers in a single-vehicle accident
A single-vehicle accident is an accident involving only one vehicle. Think of a driver who loses control of the steering wheel and crashes into a pole, tree, or guardrail.
In this situation as well, you are entitled to compensation as a passenger. You are not at fault. The WAM insurer of the vehicle you were in is obliged to compensate your personal injury.
Compensation for passengers in a multi-vehicle accident
In a multi-vehicle accident, two or more vehicles are involved, such as in a rear-end collision or a collision at an intersection.
Here too, as a passenger you are entitled to compensation as a result of a traffic accident. For your compensation, it does not matter:
- which driver made the mistake;
- whether the drivers blame each other;
- how insurers conduct their mutual dispute.
You remain protected as a blameless occupant.
Can contributory negligence affect passenger compensation in a traffic accident?
In some situations, an insurer may argue that there is contributory negligence. This does not mean you receive no compensation, but sometimes a small portion of the damage is reduced.
Examples of possible contributory negligence
- you were not wearing a seatbelt;
- you were not wearing a helmet on a motorcycle or scooter;
- you rode along knowing that the driver had used alcohol or drugs.
Read more about this in: Contributory negligence in personal injury.
What damages are covered by passenger compensation in a traffic accident?
In a traffic accident as a passenger, you can claim various types of damages.
Material damages
- medical costs not covered by your health insurance;
- travel costs to doctors and therapists;
- loss of income or study delays;
- costs for domestic help;
- damage to clothing or personal belongings.
Non-material damages (pain and suffering)
In addition, you can receive pain and suffering damages for pain, fear, and loss of quality of life.
Read more: Pain and suffering damages in personal injury.
Within what time frame must you claim compensation?
A claim for compensation as a passenger in a traffic accident usually expires after five years. Therefore, do not wait too long to take action.
General information about personal injury can also be found at: Government – personal injury.
Why seek legal help?
Although your position is strong, insurers sometimes try to limit the damages. A specialised personal injury lawyer ensures that your compensation as a passenger is fully and correctly compensated. In most cases, the costs of legal assistance are recovered from the insurer.
Want to know what you are entitled to? Visit our page: Personal injury lawyer.