Hurt as a passenger on a night out? You can still claim

December is the busiest time of year for nights out, and for getting home afterwards in taxis, private hire cars and lifts from friends. Police Scotland runs a drink and drug driving campaign every year over Christmas and New Year, but crashes still happen. As a passenger you are very rarely to blame for a crash, and you are entitled to claim.

Taxis and private hire cars must be insured to carry paying passengers. If you are hurt in one, your claim is against the insurer of whichever driver caused the crash: the taxi driver's, or the other driver's if they were to blame. Note the taxi's licence number, the company, the driver's details and the time of the journey.

Many people do not claim because the driver was a friend, a partner or a relative. The claim is made against the driver's insurance, not against them personally, and their insurer pays the compensation, not them. That is exactly what their insurance is for.

If the driver was over the limit, their insurer still has to deal with an injured passenger's claim. But if you knew the driver had been drinking and got in anyway, your compensation can be reduced. Not wearing a seatbelt can reduce it too.

If the driver had no insurance at all, a claim can usually still be made through the Motor Insurers' Bureau. The exception is a passenger who knew, or had reason to believe, that the car was not insured.

Scotland's drink-drive limit is lower than in England and Wales, so a driver who feels fine after one drink can already be over it. If you are not sure, take a taxi.

Call 999 if anyone is hurt. Get the names and contact details of the drivers involved and their insurers, any witnesses, and photos of the vehicles and the scene. See a doctor even if your injuries seem minor, and keep receipts for anything the accident costs you, such as taxis to appointments or prescriptions.

In Scotland you normally have three years from the accident to raise an injury claim.

Scottish Accident deals with passenger injury claims for you, putting you in touch with a specialist solicitor on a no win, no fee basis. Your compensation comes from the driver's insurer, not from the driver.

If you were hurt as a passenger, you can start your claim here or call us on 0141 258 2030.