Top 5 Reasons Why You Should Have a Will

Can you get compensation if you are injured while committing a crime?

August 5, 2017

A young man, with his mates, steals a car for a joyride. He is in the passenger’s seat and is catastrophically injured when the car hits a tree, suffering permanent disability. Can he get compensation or damages?

The law provides that criminals are not awarded damages for injuries suffered in the course of the offending unless the Court is satisfied that it would be harsh and unjust. Often the cases turn on whether the injured person sought to withdraw from the illegal activity. In this example, what if the passengers had told the driver to slow down or to stop the car so the passengers could get out? In a recent case the Court found that although passengers may have told the driver to stop or slow down prior to the accident, they put themselves at risk by stealing the car and going for a joyride. The claim failed.

The lesson, of course, is that committing a crime where an injury results can have horrendous unforeseen outcomes for the participants.