Is there a way I can sue the driver of the car I was riding in? 36 Answers as of May 28, 2013

I suffered a whiplash on 6/19/12. I am still suffering from it.

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Conway Law Pllc.
Conway Law Pllc. | B. L. Conway
Yes, Make a Claim against all Negligent Parties.
Answer Applies to: Virginia
Replied: 9/7/2012
Joel H. Schwartz, P.C.
Joel H. Schwartz, P.C. | Steven A. Schwartz
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.
Answer Applies to: Massachusetts
Replied: 9/7/2012
Mosley, Engelman & Jones, LLP
Mosley, Engelman & Jones, LLP | Britany M. Engelman
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.
Answer Applies to: California
Replied: 9/7/2012
Gates' Law, PLLC | Thomas E. Gates
If the driver has insurance, you can file a claim against his insurance policy.
Answer Applies to: Washington
Replied: 9/7/2012
Walpole Law | Robert J. Walpole
Yes you can.
Answer Applies to: Oklahoma
Replied: 5/28/2013
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Yes.
    Answer Applies to: New York
    Replied: 5/28/2013
    Law Office of Alan H. Segal
    Law Office of Alan H. Segal | Alan H. Segal
    In Massachusetts you need to have over $2000 in medical expenses or a broken bone in order to sue the responsible party for an automobile accident for pain and suffering. Nevertheless, you can still collect from his insurance company for payment of medical bills.
    Answer Applies to: Massachusetts
    Replied: 9/7/2012
    Dennis P. Mikko Attorney at Law | 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.
    Answer Applies to: Michigan
    Replied: 9/7/2012
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    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.
    Answer Applies to: Florida
    Replied: 9/7/2012
    Douglas Johnson, PA | Douglas Johnson, Esq.
    If the Driver was negligent meaning he did something wrong the answer is yes you can sue him.
    Answer Applies to: Florida
    Replied: 9/7/2012
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    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
    Answer Applies to: North Carolina
    Replied: 9/7/2012
    Victor Varga | Victor Varga
    Yes.
    Answer Applies to: Maryland
    Replied: 5/22/2013
    Mel Dunn | Mel Dunn
    Yes, if that driver was careless or broke a traffic law that resulted in your injury.
    Answer Applies to: Wyoming
    Replied: 9/6/2012
    Jeffre Crandall, Attorney at Law | Jeffre Crandall
    PIP has covered you to the limits, apparently. Get a lawyer, as your own driver might have been negligent.
    Answer Applies to: Washington
    Replied: 9/7/2012
    Law Office of Lisa Hurtado McDonnell | Lisa Hurtado McDonnell
    Yes can but before you do that you just need to file a claim with his insurance company.
    Answer Applies to: Utah
    Replied: 9/7/2012
    Lewis B. Kaplan | Lewis B. Kaplan
    More facts concerning the accident would be useful for a complete analysis. However the fact that you were a passenger in a vehicle which was being negligently operated does not in and of itself preclude you from making a claim against the driver. Hopefully the driver had liability insurance coverage on the vehicle . A lawyer should be contacted for further advice .
    Answer Applies to: Illinois
    Replied: 9/7/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Yes, a passenger cannot be held responsible for an accident. It just depends on the extent of the injuries.
    Answer Applies to: Michigan
    Replied: 9/7/2012
    Rags Beals Seigler Patterson & Gray
    Rags Beals Seigler Patterson & Gray | Ronald D. Reemsnyder
    Yes. If your driver was at fault, you have a claim
    Answer Applies to: Georgia
    Replied: 9/7/2012
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    Sure. What did he/she do wrong? However, if you want money for pain and suffering, you better be "big time" hurt.
    Answer Applies to: Michigan
    Replied: 9/7/2012
    Lapin Law Offices
    Lapin Law Offices | Jeffrey Lapin
    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.
    Answer Applies to: Nebraska
    Replied: 9/7/2012
    Stephens Gourley & Bywater | David A. Stephens
    You can sue the driver if the driver was negligent.
    Answer Applies to: Nevada
    Replied: 9/7/2012
    Ricks & Associates | Kenneth R. Ricks
    Of course. Whether the other driver or your driver was negligent you can sue either or even both.
    Answer Applies to: California
    Replied: 9/7/2012
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    It depends on whether you have a verbal threshold. If you do and only have whiplash, no
    Answer Applies to: New Jersey
    Replied: 9/7/2012
    Meyer & Kiss, LLC
    Meyer & Kiss, LLC | Louis J. Meyer
    Yes you can. Did you go to the doctor after the incident? Also, does the driver have insurance?
    Answer Applies to: Illinois
    Replied: 9/7/2012
    Downriver Injury and Auto Law | Michael Heilmann
    Yes you can sue if the driver was at fault.
    Answer Applies to: Michigan
    Replied: 9/7/2012
    The Lucky Law Firm, PLC
    The Lucky Law Firm, PLC | Robert Morrison Lucky
    Yes, there may be a way; however, I will need more information to determine if this is something you should pursue.
    Answer Applies to: Louisiana
    Replied: 9/7/2012
    Mike Yeksavich | Mike Yeksavich
    I do not understand your question. If the driver was negligent you might have a cause of action.
    Answer Applies to: Oklahoma
    Replied: 9/7/2012
    Christensen Corbett & Pankratz
    Christensen Corbett & Pankratz | Craig L. Pankratz
    If the driver was negligent, you may have a claim against him that you could assert in a lawsuit.
    Answer Applies to: Utah
    Replied: 9/7/2012
    Pivotal Law Group, PLLC
    Pivotal Law Group, PLLC | Christopher L. Thayer
    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.
    Answer Applies to: Washington
    Replied: 9/7/2012
    John Russo | John Russo
    Yes.
    Answer Applies to: Rhode Island
    Replied: 5/22/2013
    Ezim Law Firm | Dean Esposito
    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.
    Answer Applies to: Louisiana
    Replied: 9/6/2012
    Timiney Law Firm
    Timiney Law Firm | Leigh Anne Timiney
    The answer to your question depends upon the circumstances of the accident and who was at fault for the accident. If the driver of the vehicle you were riding in is at fault for the accident, you can bring a claim against the automobile insurance company for the owner of the vehicle. If the other vehicle was at fault for the accident, not the vehicle you were riding in, then you can bring a claim against the other vehicle's insurance company. I would suggest you consult with a personal injury attorney before attempting to handle a personal injury claim on your own.
    Answer Applies to: Arizona
    Replied: 9/7/2012
    Koning & Jilek, P.C.
    Koning & Jilek, P.C. | Jonathan Neal Jilek
    You may be able to sue.
    Answer Applies to: Michigan
    Replied: 9/7/2012
    Posternak Blankstein & Lund, LLP | Michael Eliot Rubin
    Yes.
    Answer Applies to: Massachusetts
    Replied: 5/22/2013
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Yes, if the driver was negligent and caused the injury. However, just being in a vehicle and being injured does not make the driver of that vehicle liable for any injuries.
    Answer Applies to: California
    Replied: 9/6/2012
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