Can a Passenger Sue a Driver?

As a passenger in a car accident, you are not liable for any damages, unless you somehow acted recklessly to intentionally distract the driver. However, as an injured passenger, you may be wondering if you can sue the driver of the vehicle you were riding in, and what your options are. As a passenger in an automobile accident, making a determination of liability will help you understand who you have the right to file a claim against for your injuries. 

Passenger Rights

As a passenger in a car accident, you may file a claim against any of the following parties if they were determined to be at-fault for the car accident.  

  • Your Driver. You have the absolute right to file a claim with the driver’s insurance company in which you were a passenger. If the insurance company does not provide you with an adequate settlement, you may pursue your right to receive compensation for your injuries in court. It is important to note that you are not filing a claim against the driver specifically, but rather with their insurance company. 
  • Any Other At-Fault Driver. If there was any other driver at-fault in the car accident you will also have the right to file a claim with their insurance company as well to receive compensation for your injuries. 
  • Your Own Insurance Company. In the case that the driver was driving your own vehicle, you may be able to file a claim with your own insurance company. 

When Your Driver Has No Insurance Coverage

You may make the discovery that your driver did not carry any car insurance coverage. If this is the case, then make sure to check your own car insurance coverage. You may have a specific section in your policy titled either “Uninsured Motorist Coverage” or “Underinsured Motorist Coverage.” If this is the case, your own car insurance policy may provide you with compensation for your injuries and damages. 

Contact an Experienced Accident Attorney Today 

If you were injured in a car accident as a passenger, making the determination of liability can be a complex legal issue. You may have the right to sue more than one party for your injuries. If you have medical bills, lost wages, and other damages, contact an experienced car accident attorney today. Michael J. Redenburg can help you understand your rights, and provide a free consultation regarding your case. Contact us today at (212) 240-9465 or online.