Can passengers sue me for an auto accident if they fled the scene immediately after the accident?

Question

I was involded in a DUI accident with passengers in my car. When we crashed everbody who was with me fled the scene. Can the passengers still sue me and/or my insurance?

Kevin Habberfield · Answer

Yes they can.

Gregory Crain · Answer

Yes.

Michael Heilmann · Answer

Yes.

Dean Esposito · Answer

Yes.

Jeffrey Lapin · Answer

Yes your passengers can sue you for an automobile accident even if they fled the scene immediately after the accident. However, their cases might be worth less because of their fleeing. In addition, if they knew you were intoxicated this could also possibly reduce the value of their case as well.  Your passengers sue you, not your insurance company. Your insurance company, either by settlement or the payment of a verdict, will pay your passengers up to your Liability/ Bodily Injury coverage limit. If you get sued, the insurance company will hire and pay an attorney to defend you. If you insurance limits are insufficient, your passengers can try to collect a judgment against you personally.  You should talk to the insurance adjuster handling the claim to get more information about the status of any claims against you for the accident. If a lawsuit has been filed against you, you should talk to your attorney.

Keven A. McKenna · Answer

Yes. Criminal liability and civil liablity and contract liability are different standards.

Dennis P. Mikko · Answer

Yes, their fleeing the scene would not limit their ability to sue.  However, they would have to show they suffered a serious impairment of a bodily function, permanent serious disfigurement and/or death.  Unless they can meet one of these thresholds, they cannot succeed in a claim against you.  Considering they fled the scene, it may be difficult for them to now claim they were seriously hurt.

Gary Platt · Answer

Your passengersabsent some evidence that one or more of them  interfered  with your ability to drive the car at the time of the accidentare  not  liable for the accident, and have no legal duty to remain in the car or at  the  accident scene.  If any were injured as a result of your having driven   while intoxicated, they can successfully sue you for their  damages.

Michael Yeksavich · Answer

If the wreck was your fault you can be sued.  There may be  defense though if  everyone was drunk.

Timothy Klisz · Answer

Certainly yes.  Just turn it over to your insurer and they will handle it.

Linh Nguyen · Answer

Yes, they can still sue you and make a claim against your auto insurance. The fact that they fled the scene may create some evidentiary hurdles for them such as their presence in the vehicle, the degree of their injuries, and whether any injuries were exacerbated by their flight, but they can still sue you.

James Kelaher · Answer

Sure they can sue you, but they are going to have a hard time verifying they were in the car when the investigating officer testifies you were alone when he/she got there.

Paul Whitfield · Answer

Yes. The question is were you negligent or DUI or both. Their running has nothing to do with the issue.

Ronald A. Steinberg · Answer

Sure.  You were driving.  Was the accident your fault?  If it was, they can sue you.  If not, they can sue the other driver.  It will look bad with them having run away, because they cannot prove they were in your car.

Steven Shaw · Answer

Maybe. The law surrounding the damages of passengers while riding with someone under the influence is complex.

Brett Rosenthal · Answer

From a legal perspective, they can sue you if they can establish they were injured as a result of the accident that you caused. As a practical matter, how injured could they have been if they were physically able to run or flee from the scene.

Stuart Nachbar · Answer

Yes, they absolutely can sue you as the driver of the vehicle.

David Blain · Answer

Yes, they can sue you if you caused the accident, which in turn caused their injuries. Their fleeing from the scene doesn't change the fact that they were injured.

Matthew Kober · Answer

Probably yes.  Fleeing the scene does not do anything to change whether or not you were liable for the accident.   That really just goes to the criminal side of the case and whether they would be credible witnesses.

Matt Willens · Answer

The short answer is "yes."  Whether they can prevail or not would depend on many other things.

Paul Samakow · Answer

yes, they can sue you, but winning may be difficult for them...

Find a Lawyer

Ask a Lawyer

Read Legal Articles

Ask a Lawyer

Read Legal Articles

Can passengers sue me for an auto accident if they fled the scene immediately after the accident?

21 ANSWERS

Find Local Personal Injury Lawyers

Helpful Resources

Ask a Lawyer