Am I entitled to compensation if I have an accident on the bus?

Like every day, he takes the bus to work. He gives up his seat to an elderly person and stands quietly listening to music while firmly gripping a handrail. Suddenly, a sudden braking manoeuvre by the driver causes him to fall to the ground with the misfortune of, for example, a dislocated shoulder. 

This is just one example of an accident that can happen on board a bus belonging to the public transport service of your municipality. After all, the road, no matter what type of vehicle you use, is not without risk. But do you know if you are entitled to compensation in this type of case? Our team of lawyers will explain it to you. 

When is a user entitled to compensation for a bus accident?

Our team of lawyers confirms that any person who, while travelling on a city, intercity or any other type of bus, whether it belongs to a public or private company, suffers injuries while a passenger, is entitled to compensation. 

It is irrelevant whether the injury is caused by an accident for which the bus driver or a third party is responsible. This also includes falls while getting on or off the vehicle or while driving, for example as a result of sudden braking or a curve taken at too high a speed. 

Who is liable to pay compensation?

As any civil lawyer you consult will confirm, the liability to pay compensation for injuries sustained during a bus journey is typified in Law 35/2015, of 22 September. This legislative text contemplates the system of valuation of damages caused to persons in traffic accidents. 

In the case of bus accidents, the aforementioned legislative text contemplates that the injured passenger may receive compensation from the Compulsory Motor Insurance of the bus itself or from the third party responsible for accidents or from the Compulsory Passenger Insurance. 

When does compulsory motor insurance pay compensation?

All vehicles, whether motorbikes, cars, buses or lorries, are obliged to have such insurance, which also includes a certain amount for civil liability. The affected passenger may receive compensation from this type of policy in the following cases:

• When a third party is responsible for the accident causing the injury. In fact, it will be your insurance and not the bus itself that will have to bear the costs.
• When the bus driver is responsible for the injury. It does not have to be a collision. It is sufficient that there has been a dangerous and unjustified manoeuvre causing injury to a passenger.

When does the Compulsory Travellers' Insurance pay compensation?

The right to receive compensation from the Compulsory Motor Insurance does not exempt you from also receiving compensation from the Compulsory Passenger Insurance, as confirmed by our team of lawyers specialising in this area. 

We must start from the premise that this is also a policy required to preserve the integrity of passengers when their injuries are generated by situations that may or may not be the responsibility of the driver or a third party. We are referring, for example, to a fall when trying to get in or out of the vehicle. 

Contrary to what happens with Compulsory Car Insurance, Compulsory Passenger Insurance is paid by the passenger. In fact, by law, the price must be included in the ticket price. This is the reason why it is perfectly compatible with the compensation derived from the civil liability contracted in the policy of the bus itself or of a third party who causes an accident. 

What should you do to claim compensation for a bus accident?

Many people are unaware that they are entitled to compensation for injuries sustained in a bus accident. And those who do know that they are entitled to compensation are often unsure of what they should do to claim it. This is the reason why we would like to detail it here, without prejudice to recommending that, for this type of case, you always put yourself in the hands of a civil lawyer specialised in the matter.

Don't lose your bus ticket

You have probably thrown away your bus ticket more than once as soon as you took it out of the machine. This is a big mistake. If you had been involved in an accident during the journey, you would not have been able to prove afterwards that you were travelling on the bus. 

Also, bear in mind that this ticket includes the Compulsory Passenger Insurance, so it could be considered as a kind of proof of payment of the policy for legal purposes. In the event of any claim, it will be the first thing you will be asked for. So keep it until you get out of the vehicle in all cases. 

If you paid for your ticket with a transport pass in the form of a card, don't worry. When you swipe it, it will leave an electronic record that will serve as proof of payment. 

Take the number plate of the bus

Write down the number or, failing that, take a photo of it with your mobile phone. If it shows damage from the accident, so much the better. Also try to obtain the bus identification number of the bus within the transport company to which it belongs, and even the details of the driver. 

If possible, try to obtain the details of witnesses or other persons who have suffered injuries as a result of the same accident. In this type of case, making several claims at the same time or a joint claim can be a great help in collecting the highest possible compensation. 

See a doctor quickly

Keep in mind that, even if nothing hurts at first, many injuries appear a few hours or days after they have been sustained. Therefore, beyond possible compensation, you should see a doctor after an accident for your own safety. 

When you do, explain the situation to the doctor and ask him or her to provide you with an injury report. This medical report will list all the injuries you have suffered as a result of the accident. This is, without a doubt, a basic document for any claim for compensation. 

Contact the transport company that owns the bus.

As soon as you get the injury report from your doctor, go to the headquarters of the transport company to which the bus belonged or telephone to report what happened. You can also send an email to their customer service department attaching all the evidence you have to prove what happened.

What happens next?

Even if everything goes smoothly and the transport company recognises the accident and your injuries, at some point you will have to face an insurance company that will certainly refuse to recognise the real seriousness of your injuries and any after-effects they may have caused. Their objective? To pay you as little compensation as possible.
This is the main reason why, when claiming bus accident compensation, it is vitally important that you put yourself in the hands of a team of lawyers who are experienced in this type of situation and who are capable of handling your claim properly. Your chances of success will increase exponentially.