Can I sue the other drivers insurance and the car I was in insurance?

Question

I was in a car accident my driver had been drinking even though it seems like his fault already it wasn't. He had actually stopped for the stop sign and when he continued another driver sped through the other sign on the same intersection and t-bones us I had to get 5 stitches in my head and my wrist is swollen so is my leg.

David Benson · Answer

Yes, you may be able to recover from each of the drivers. Whether their respective insurance companies will pay and how much depends on fault and the nature of coverage.

Christian Joseph Menard · Answer

Am not sure of the second part of your question, but as to the first part, most definitely you can sue the other driver for T-boning you. As to the intoxication of your driver, you are right, i.e., the intoxication becomes irrelevant if it had no causal connection in the resultant accident.

Erven Nelson · Answer

Yes, you should file claims with both insurance companies.  If they won't settle after you have completed your treatment and recovery, file a lawsuit against both of them.

Ronald A. Steinberg · Answer

My theory is that since you may be considered innocent, you should sue them both.

Arman Moheban · Answer

You can choose between the driver of your vehicle and/or the other driver they both could be comparatively negligent for the cause of this accident.

Mark West · Answer

You can sue the other driver and possibly your own driver.  (this will get you to the insurance policies). Depending on who is determined to be at fault that insurance policy's liability coverage should pay. There might be some comparative negligence found against you for getting into a car driven by someone you knew to be under the influence.

Paul Whitfield · Answer

When you let someone drink and drive you are exposed as at least partly at fault.see a good lawyer for a full review of the facts.

Wayne Wimer · Answer

Washington is a comparative negligence state.  Thus, if your driver was say 10% at fault and the other driver was 90% at fault, and you were fault free, you can sue both of them, and if there is no way to segregate what injuries and damages were caused by which defendant, they can be held jointly and severally liable for all of your damages.  Your ability to recover from the defendants will probably depend upon the insurance policy limits that they each carry.

Kevin Pate · Answer

In an automotive accident there may often be multiple sources of compensation to compensate one for their injuries and associated pain and suffering. These can include the at fault driver, the vehicle one is riding in, and one's own insurance in certain circumstances, i.e. medical payments coverage.  Engaging an attorney to assist you can help you identify the full nature of your injuries, and available recovery avenues to assure appropriate recovery for you.  However, it is also correct to note that if one's injuries are not extensive, and there are not multiple injured parties, then additional recovery avenues do not equate to a larger recovery for the injured person.

Roberto Salazar · Answer

Since you we're a negligent free passenger you may go after both drivers and their insurance.

James Eugene Hasser · Answer

You will not be able to sue the other driver's insurance company, but you will be able to sue the other driver. If you win, his or her insurance company will pay up to the limits of the policy. That you can't sue the other driver's insurance is a bad law and should be taken off the books. Complain to your legislature representatives. Now, on the other hand, if your damages exceed the amount of available insurance of the driver that hit you, you can sue the insurance company insuring the car you were in for the rest. Weird, huh? The reason you can sue the insurance company of the car you were in is that you are considered to be an insured under that policy and the law allows you to sue them for breach of contract if they won't pay. Go figure.

Georges Shers · Answer

You can and should make a claim with both insurance companies [you actually sue the insured and not the insurance company even though it pays for your injuries] since the other driver's insurance might deny its driver was 100% at fault.

David Stoddard · Answer

You can sue the at fault driver (his insurance will cover damages up to the policy limits).  From your description, I cannot tell who is at fault.  You may have to sue your driver as well, in which case his insurance will cover it if he has a car with insurance.  If he has none, your uninsured coverage will cover it.  If the at fault driver  does not have enough coverage to pay all of the damages, if you have underinsured coverage, it will provide additional insurance coverage for your injuries.

Matthew Kaplan · Answer

Yes, you can and should sue both.

Marvin Schulman · Answer

You can sue both and need very competent counsel.

James Kelaher · Answer

As a passenger in a vehicle involved in an accident, you have the ability to bring a claim against both drivers.

Gregory Shurman · Answer

Yes, I think you have a case.

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Can I sue the other drivers insurance and the car I was in insurance?

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