When a traffic accident occurs, passengers in the car are always entitled to compensation for personal injuries sustained as a result of the collision. This also applies if the fault of the accident lies with the driver who was transporting them or if there was no collision with other cars (as in the case, for example, in which the car went off the road due to excessive speed).
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The law establishes that, regardless of the modalities of the road accident and the related responsibilities, whoever is transported inside one of the cars involved in the collision is always entitled to obtain compensation from the car driver’s insurance company. Where he was.
This principle is applied even if there has been no impact as in the hypothesis in which the car goes off the road without the involvement of third parties.
- Contrary to the thesis supported by some insurance companies, according to which the law  on direct compensation to the so-called “third party” would not apply in the case of an accident involving only one vehicle, the second instance judge provided an opposite interpretation: the law does not refer only to cases of road accidents occurring between at least two vehicles, but to any type of accident with damage to the transported. The purpose of the law is in fact to provide the third party transported with an additional means of protection, saving him the burden of demonstrating the effective distribution of responsibility among the drivers of the vehicles involved in the accident.
- However, this orientation finds comfort in the words of the Constitutional Court which clarified how the law always allows the “damaged third party transported” to choose between the normal action of civil liability and this direct action against only the vehicle insurance on he was traveling at the time of the accident.
Therefore, the Insurance Code does not place any exclusion from insurance liability when there is damage to the person of the non-driver passenger.
Free choice of lawyer? Many employers with legal assistance insurance for employment disputes believe that they can engage a Overland Park Accident Lawyer of their choice for employment law problems. But it is not that simple. Read below when you can and cannot engage your own lawyer.
What does free lawyer choice mean?
The European Convention on Human Rights (the ECHR) states that a litigant has the right to choose his own lawyer. Legal aid insurers have long maintained that the right to a free choice of lawyer did not apply to insured persons with whom they had concluded a contract. The legal aid insurers were of the opinion that on the basis of the contract (the policy conditions) they could decide with the insured person about the way in which the legal aid would be provided. In the majority of cases, one of the legal expenses insurer’s own lawyers was engaged.
In the meantime, the European Court of Human Rights has ruled that policyholders of legal expenses insurers can also successfully invoke the right to choose their own lawyer. However, this does not mean that they can engage a lawyer themselves and send the bill to the legal assistance insurer. But more is there about that below.