Passenger injured in car driven by partner over limit. Might her injury compensation claim be reduced?

I suffered severe spinal and leg injuries after a car driven by my partner crashed into a North London bus shelter and demolished it. He was unhurt but the police found he was marginally over the drink driving limit (40 in breath). We had been at a wedding and while I knew he had a glass of wine for the toast I didn't realise he had anything else. As I am an injured passenger and was in no way responsible for the collision I am seeking to claim compensation for my injuries but having made initial contact with the insurer in my own right (I have not yet appointed a solicitor) I was told that my partner's likely drink drive conviction will mean their offer of damages will be reduced. Why is this and how should I proceed?

Any person who enters a vehicle in the knowledge that the driver has consumed alcohol runs the risk that his or her award may be reduced by the concept of contributory negligence.  It may depend on how well you know your partner as the insurer may enquire into his alcohol consumption and it has to be said that if he hit a bus shelter at sufficient speed to demolish it, he may have been more obviously in no fit state to drive.  You may also have consumed alcohol as a non-driver which may have impaired your judgement as to your partner's alcohol level.  This would not however assist your claim.

Certainly, however, you should make a claim, even though the defendant is your partner as in reality you will be fighting his insurers and clearly you have a substantial claim.  Your partner's legal expenses insurance will quite possibly cover you for the risk of any legal costs.

When choosing a solicitor, it is essential to appoint one who is independent of the vehicle's insurers and you should not accept firms suggested by the vehicle's insurers as your interests are not the same as theirs.

They may recommend one (or appoint one via a legal expenses policy) but probably the insurer-appointed solicitor firm claiming to act for you may well be in receipt of a substantial referral fee and the independence might be called into question.

We would strongly recommend you should seek detailed legal advice from a source independent of your partner's insurance and the roadside lawyer and our sister sites will provide assistance if you wish.

You can contact the Roadside Lawyer team for advice independent of your insurer on 0800 066 99 07 or via email.

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