Coach Accident - Advice Please??

mission2001

Hello,

I was wondering if you could advise me on whether myself and my partner are able to make a claim regarding the following please?

I went away, for a weekend, and was travelling by coach. Unfortunately, when I made the booking to pay for my coach trip, I was offered to take out insurance for the trip - but I declined.

On our return journey (from London to Cannock), myself and my partner were sitting on the back seat – not wearing our seat belts.

The driver went over a large, raised ramp on the road where roadworks were being done (approx 22:30 at night). However, there was not a road sign stating that there was a ramp. Consequently, we were both thrown up from our seats and landed on the coach floor. The coach had to pull over as damage had been done to the rear end. Another coach was then organised to pick us up.

However, my partner was struggling to breathe and wanted me to call an ambluance. I also suffered damage to my elbow. We were taken to hospital. My partner was diagnosed that he definatley suffered bruise damage to the muscle around his ribcage, possible fractioning to the ribs. However, they did not do an x-ray as there is nothing then can do for rib damage. He was given painkillers, but still in agony after an hour. He was then given a morphine injection which eased the incredible pain off. He has now been given a prescription of strong painkillers for the week. He will need to retun in a week to see how the pain is.

My partner also suffered a slight injury to his wrist.

I was treated for a large graze to the outer part of my elbow, also, very large bruising to the inner part of my elbow. I am now suffering from neckache, backache and headache, as a delayed reaction to the bump. I will now be going to my local doctor to see about pain relief.

The hospital advised us that that we would need to return on Monday morning so my elbow could be x-rayed and my partners wrist could be x-rayed.

We left the hospital approximately 1:30am on Monday 09.06.08 and paid £18.00 on a taxi home.

We returned to the hospital at 10:30am on Monday morning were x-rayed. My elbow had no breaks or fractures. My partners wrist was put in a splint just for support.

Both myself, and my partner, had to take the day off on Monday to return back to the hospital. My partner has a loss of earnings as he does not get paid for being off work. I also had the inconvenience of taking Monday off as emergency holiday.

In short, can you please advise whether we would be entitled to make a claim, without us taking insurance and not wearing a seatbelt. Although, the accident was caused by no road signs?

Your help, and advise, in this matter is greatly appreciated.

Vickie

poppyoscar_3

I'm sorry to hear about your experience, and hope you're both feeling better now.

I think the whether you choose insurance or not is irrelevant in this as the coach must have third party damage, and i think the insurance probably covers all sorts like lost bags, missed departure etc etc - i never take it either - however, if you weren't wearing any seatbelts i think it invalidates the coach company's insurance. I know that since the law came in every coach trip i have made, the driver has pointed out that you have to wear them by law (and some have mentioned that it invalidates insurance), and so i suspect you wouldn't get anywhere with a claim.

HTH

PO xx

*MF*

Hi ... sorry to hear about this.

As poppyoscar has said, the fact that you did not take out insurance is irrelevant, what is relevant is that a claim for negligence rests on another party owing you a duty of care, and not fulfilling that duty of care - and that makes the fact that you were not wearing seat belts very significant - because the bus company will argue that the seat belts were there precisely to prevent injuries of the type you suffered.

I also foresee problems over the fact that there was no warning sign for the ramp - again an argument the bus company will use in their defence.

Put simply - you could try claiming, but I suspect it may (sadly) gain you very little - apart from a lot of hassle.

Maybe other members will also comment.

geri1965_2

Is wearing seatbelts on a coach compulsory now? I would have thought the issue of seatbelts would be a contributory negligence issue.

I don't think a claim against the coach company would be successful (unless you could argue that the driver was travelling too fast over the ramp) but you might feasibly have a claim against the company who were carrying out for the work for not warning of the ramp. It's really difficult to say without knowing what kind of "ramp" it was and whether it represented a hazard.

I think you would have an uphill struggle because it's not straightforward at all. It would be interesting to know if the coach company pursue a claim for their damage and whether they are successful or not.

Smi1er

Compensation culture.:mad:

You were injured because you weren't wearing your seatbelts:o How is that anyones fault but your own?

mission2001

Thank you for all the responses so far.

I have provided details to a claim company. So, will see how it goes.

In response to "Smi1er"....unfortunately, we are not all perfect. I always 100% ensure I wear a seatbelt in a car. On this occassion, in a coach, I didn't. Perhaps the other coach full of people were thinking the same as myself also!

Thanks all again anyway.