QUESTION
Is there a way I can sue the driver of the car I was riding in?
Asked on Sep 04th, 2012 on Automobile Accidents - Louisiana
More details to this question:
I suffered a whiplash on 6/19/12. I am still suffering from it.
21 ANSWERS
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Yes.
Answered on May 28th, 2013 at 9:11 PM
If the driver is at least 1% at fault for the accident, then you may have a claim against him. However, certain criteria must be met in Massachusetts to qualify for a claim for pain and suffering.
Answered on Sep 07th, 2012 at 12:04 PM
Personal Injury Attorney serving Beverly Hills, CA
Partner at
Engelman Law, APC
Certainly. If you were a passenger in a car and were injured in an accident you can sue the driver or the person who was at fault. Often times these claims can be resolved by your lawyer through the insurance company without the necessity of filing a lawsuit. Please feel free to contact my office for a free consultation.
Answered on Sep 07th, 2012 at 12:03 PM
Thomas Edward Gates
If the driver has insurance, you can file a claim against his insurance policy.
Answered on Sep 07th, 2012 at 12:02 PM
Dennis P. Mikko
If your injury arises to a serious impairment of a bodily function and the driver was negligent and the negligence caused your injury you would have a claim against the driver. You would be well advised to have the claim evaluated by an attorney specializing in personal injury matters. Most attorneys working in this area of the law work on a contingent fee basis. That means there is no attorney fee unless there is a recovery.
Answered on Sep 07th, 2012 at 12:01 PM
Personal Injury Law Attorney serving Davie, FL
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Douglas Johnson & Associates, P.A.
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If the Driver was negligent meaning he did something wrong the answer is yes you can sue him.
Answered on Sep 07th, 2012 at 12:01 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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If the driver of the car in which you were a passenger was the person who caused the accident, then you can bring a claim against that person.
Answered on Sep 07th, 2012 at 12:01 PM
PIP has covered you to the limits, apparently. Get a lawyer, as your own driver might have been negligent.
Answered on Sep 07th, 2012 at 12:00 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If you are truly hurt you need a good doctor who will say so and treat you and you need a good PI lawyer. Surely you can sue. May not be necessary to sue if you know a good lawyer should be settled out of court
Answered on Sep 07th, 2012 at 12:00 PM
Lisa Hurtado McDonnell
Yes can but before you do that you just need to file a claim with his insurance company.
Answered on Sep 07th, 2012 at 11:59 AM
Ronald A. Steinberg
Sure. What did he/she do wrong? However, if you want money for pain and suffering, you better be "big time" hurt.
Answered on Sep 07th, 2012 at 11:58 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Yes, a passenger cannot be held responsible for an accident. It just depends on the extent of the injuries.
Answered on Sep 07th, 2012 at 11:58 AM
Motor Vehicle Accidents Attorney serving Lincoln, NE
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Lapin Law Offices
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Yes you can sue the driver of the car you were riding in if the driver's negligence was either the sole or a partial cause of the accident. If your driver was the sole cause, then he or she is responsible for all of your injuries and damages. If your driver was only partially at fault, then he or she is responsible for all of your economic damages (such as medical bills and lost wages) and is responsible for his or her percentage of your other damages (such as pain and suffering). If your driver was not at fault at all for the accident, then you cannot sue him or her. If you are still recovering from your injuries you should not consider settling your case at this point. You either want to make a full recover or reach medical maximum improvement, which basically means healed as much as you can. Before suing the driver, you might try negotiating with his or her insurance company. If you can reach a settlement, then you would have to sue to get more money. You may want to consult with a personal injury attorney. Most offer a free initial consultation so it will not cost you anything to learn more about your rights and options.
Answered on Sep 07th, 2012 at 11:57 AM
Insurance Defense Attorney serving San Bernardino, CA
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Ricks & Wear, PLC
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Of course. Whether the other driver or your driver was negligent you can sue either or even both.
Answered on Sep 07th, 2012 at 11:57 AM
Bankruptcy Law Attorney serving Livingston, NJ
Partner at
Law Office of Stuart M. Nachbar, P.C.
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It depends on whether you have a verbal threshold. If you do and only have whiplash, no
Answered on Sep 07th, 2012 at 11:56 AM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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Yes you can sue if the driver was at fault.
Answered on Sep 07th, 2012 at 11:48 AM
Business Counseling & General Corporate Attorney serving Seattle, WA
Partner at
Carney Badley Spellman, P.S.
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If the driver of the vehicle was "at fault" for causing the collision, then the short answer is "yes". You may have other options, even if the driver was not "at fault", and you may be able to make claims under the driver's insurance and/or your own insurance. I would recommend that you contact an experienced personal injury attorney immediately so that you can explore and understand all your rights and make sure you are protecting your interests.
Answered on Sep 07th, 2012 at 11:47 AM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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Yes, there may be a way; however, I will need more information to determine if this is something you should pursue.
Answered on Sep 07th, 2012 at 11:47 AM
I do not understand your question. If the driver was negligent you might have a cause of action.
Answered on Sep 07th, 2012 at 11:46 AM
You may be able to sue.
Answered on Sep 07th, 2012 at 11:46 AM
1 Award
Yes, if the driver was at fault. The driver may have some coverages on his policy that would pay for your medical bills even if the driver was not at fault.
Answered on Sep 06th, 2012 at 12:03 PM