Really interesting , under our laws , even though Doug may on a balance of probabilities prove he was the passenger , he still would not have a claim for compensation . ‘ Volenti non fit injuria’ (to a willing person injury is not done) , a person who willingly placed themselves in a situation where harm may result, knowing that to some degree that the harm may occur , is precluded from claiming compensation. A rather onerous assumption of risk. Most of our precedent involves passengers getting into vehicles with obviously drunk drivers .