Accident as occupant or passenger

The person who suffers damage while driving as an occupant of a car or a motorcycle, or a passenger in a means of transport, is always entitled to compensation, regardless of who is responsible for the accident.

In cases in which the injured person is the occupant of a vehicle, be it a car or motorcycle, or the passenger of a means of transport of people, buses, coaches, etc., there is always the right to claim for the damages suffered . In every accident there is one or more culprits, but the fact that the fault is not defined does not concern the occupant or passenger, who is always entitled to receive compensation for the damages suffered.

As we have said, regardless of fault, the occupant is the third party affected in the accident who has not been able to avoid by any means the fact that the accident occurs, that is, he is the only one who, despite intervening in the accident, He does not have at his disposal any means to avoid it, a means that the drivers involved do have. Therefore, if there is one or more culprits, the occupant will always have the right to claim their damages, either to a person responsible or to several responsible parties in their respective degrees of responsibility.

In cases where the person responsible for the accident is the driver of the vehicle in which the vehicle is circulating as an occupant or passenger, the responsibility will fall on the insurer of said vehicle. For example, the driver of a vehicle in which an occupant is driving is distracted and hits the car in front of him from the rear range. The vehicle insurer will assume, not only the responsibility to compensate the damages of the vehicle that has been hit, but also the damages suffered by the occupant of the vehicle itself.

In the cases in which the responsibility falls on several individuals, the insurers of each of the responsible vehicles will be the ones obliged to assume the compensation corresponding to the damages or injuries suffered by the occupant. For example, a blow in which the dynamics of the accident blame the two vehicles involved in it in equal parts. The occupant will be jointly and severally compensated by both insurers to cover the total amount in which their damages have been valued.

Special attention must be paid when the culprit is not the driver of the vehicle if it is circulating as an occupant or passenger. In these cases, the insurer of the own vehicle will offer its legal services to claim the corresponding compensation, something that will be a mistake for the occupant since this will lead the claim to failure. As is well known, the interest of the company will always be to look after its own interests, which are not shared with those of the occupant or passenger who has suffered injuries and / or material damage. The interests of an insurance company and an injured person can never be the same, but nevertheless, it does share interests with the opposite insurance company, so you will find an ally in it, either in this case or in the near future. Therefore,

In this sense, some Insurance Policies contemplate the Legal Defense coverage also extended to the occupants, for which they will be reimbursed the amount of Fees that they pay to external professionals who successfully conduct their legal claim.