QUESTION
Can I sue the driver of the car I was in if he caused the wreck?
Asked on Apr 02nd, 2013 on Personal Injury - Georgia
More details to this question:
I was the passenger in a car that was in a wreck. The driver of the car I was in was at fault. Can I sue the driver?
21 ANSWERS
Ward Merdes
Yes.
Answered on Apr 05th, 2013 at 3:25 AM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
if you were genuinely injured, yes of course. You don't get anything for being in a car. you must suffer real injury that needs medical care
Answered on Apr 03rd, 2013 at 6:01 PM
Ronald A. Steinberg
Yes, unless the driver is a family member; some states have intra family immunity.
Answered on Apr 03rd, 2013 at 6:01 PM
Christian Joseph Menard
If you had no control over the driver's conduct which resulted in the accident and your injuries, you can sue both the driver and owner of the car in which you were the passenger.
Answered on Apr 03rd, 2013 at 6:01 PM
Yes, you can sue the driver for negligence and get damages for your injuries, pain and suffering, lost wages, etc. You can also make a claim against his insurance company.
Answered on Apr 03rd, 2013 at 6:01 PM
James Eugene Hasser
Maybe. In Alabama we have a guest passenger law that says you can't sue the driver if you are a non-paying guest and the driver was not grossly negligent. So, if you can prove you paid for the ride, or the driver was grossly negligent, you can sue.
Answered on Apr 02nd, 2013 at 8:16 PM
Car Accidents Attorney serving Beaverton, OR
at
Weimar Law Offices
Update Your Profile
You may have a claim against the at fault drive if you were injured. You should contact an attorney.
Answered on Apr 02nd, 2013 at 1:14 PM
Insurance Defense Attorney serving San Bernardino, CA
at
Ricks & Wear, PLC
Update Your Profile
In California, yes.
Answered on Apr 02nd, 2013 at 1:13 PM
Automobile Negligence Attorney serving Orlando, FL
at
Kelaher Law Offices, P.A.
Update Your Profile
Of course
Answered on Apr 02nd, 2013 at 12:55 PM
Personal Injury Law Attorney serving Naperville, IL
at
Law Office of Barry R. Rabovsky
Update Your Profile
We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.
Answered on Apr 02nd, 2013 at 12:54 PM
Thomas Edward Gates
You may sue the driver, however, the normal process is to file a claim with his insurance carrier.
Answered on Apr 02nd, 2013 at 12:53 PM
Yes, a passenger can sue, or reach an out of court settlement, with the at fault driver. You are in the same position as any other party injured in the accident by the negligence of the driver.
Answered on Apr 02nd, 2013 at 12:51 PM
Monica Cecilia Castillo-Barraza
Yes you can. The car is not insured in your name, right?
Answered on Apr 02nd, 2013 at 12:50 PM
Litigation Attorney serving San Antonio, TX
at
Graves Law Firm
Update Your Profile
Yes, if you were injured. See a lawyer.
Answered on Apr 02nd, 2013 at 12:50 PM
Auto Attorney serving Bloomfield Hills, MI
at
Gregory M. Janks, P.C.
Update Your Profile
The general rule is that you may make claim against/sue any negligent party, including a host driver. There are a few minor exceptions to the general rule involving intoxication, criminal activity, etc. Assuming none of the exceptions apply, you would need to meet the threshold of having suffered a serious impairment of a body function and/or permanent serious disfigurement. You can also obtain Michigan No Fault Benefits (ie: wage loss, medical expenses and replacement services) if your doctor(s) indicate you have any disability from injuries suffered in the crash.
Answered on Apr 02nd, 2013 at 12:49 PM
Personal Injury Attorney serving Kansas City, MO
at
Nash & Franciskato Law Firm
Update Your Profile
The short answer to your question is YES. It is probably in your best interest to obtain an attorney who can negotiate a settlement with the driver's insurance company.
Answered on Apr 02nd, 2013 at 12:48 PM
Personal Injury Attorney serving Overland Park, KS
at
Ankerholz & Smith
Update Your Profile
It is possible for a passenger to sue his or her own driver. Some states have special rules that apply, such as joint venture and comparative negligence rules. Contact an experienced personal injury attorney in your area. Be mindful that any lawsuit arising out of this situation must be filed prior to the expiration of the applicable Statute of Limitation. Otherwise, it may be forever barred.
Answered on Apr 02nd, 2013 at 12:47 PM
Personal Injury Attorney serving Portland, OR
at
Kaplan Law, LLC
Update Your Profile
Yes you can.
Answered on Apr 02nd, 2013 at 12:47 PM
Litigation Attorney serving Chicago, IL
at
Fisher & LaMonica, P.C.
Update Your Profile
The short answer is yes. If the driver of the car you were in caused a crash and you were injured, you have a right of recovery against the driver. There are often side issues that may limit insurance coverage such as whether or not you were a member of the driver's household. Therefore, it is important that you speak with an attorney before pursuing a claim.
Answered on Apr 02nd, 2013 at 12:46 PM
Personal Injury Attorney serving Los Angeles, CA
at
Robert M. Klein
Update Your Profile
Yes. If a driver is negligent, a passenger can sue. Whether or not there will be insurance coverage depends on the facts of the case.
Answered on Apr 02nd, 2013 at 12:46 PM
Personal Injury Attorney serving Atlanta, GA
at
Gregory S. Shurman, LLC
Update Your Profile
Yes, the fact that you were the passenger in the at fault vehicle should not affect your rights.
Answered on Apr 02nd, 2013 at 12:45 PM