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Wilkes-Barre Personal Injury Lawyer > Blog > Car Accidents > Can a Passenger Sue a Driver After a Car Accident?

Can a Passenger Sue a Driver After a Car Accident?

CarPassenger2

Drivers are not the only ones injured in car accidents. In many cases, some of the most catastrophic injuries suffered are passengers in a motor vehicle accident. If you were a passenger in a car accident, you likely face substantial medical bills, the loss of wages due to your inability to return to work, and pain and suffering. While you are likely not liable or responsible for any of the damages related to the accident, you may be curious how you can receive compensation for the negligence of another driver’s actions which caused you unexpected financial hardships and pain and suffering.

Compensation for Losses as a Passenger

As a passenger in a vehicle accident, you have several different parties that you may be able to hold liable for your injuries and losses. If you are physically able to do so following the accident, you should visit with the police officer, and also obtain contact information for all of the other drivers and passengers. Additionally, you should obtain insurance information for all drivers involved in the accident. You have the right to legally file a claim against the following persons if they are determined to have liability and responsibility for the accident due to their negligence:

  • Your Driver. While your driver may be a friend or a family member, remember that you are filing a claim against their insurance policy, not against them directly. They have paid to have the coverage under their insurance policy to compensate you for your injuries and losses.
  • Any Other Driver Involved. Any other driver that was determined to be negligent in any way related to the accident may also have a legal responsibility to compensate you for your injuries, damages, or losses.
  • Your Own Insurance Company. If the circumstances were that the driver was actually driving your vehicle in which you were a passenger, you may be able to file a claim with your own insurance company under your own policy.
  • If the accident investigation determines that a manufacturing defect of a vehicle part or component was responsible for the accident, you may be able to file a claim against the manufacturing company or the car dealership directly.
  • If the accident was caused due to damage on the roadway, or a construction zone or construction truck driver that was employed by the city, county or state, you may have the right to file a claim against that government entity for your losses. It is important to note that filing a claim against a government entity is very different than filing a claim in civil court, and the process is much different. Consider visiting with an experienced personal injury attorney if the investigation determines that a government entity shares responsibility for the accident due to their negligence in any way.

Let Us Help You Today

If you were injured in a car accident as a passenger, you also have legal rights. Contact an experienced personal injury attorney at O’Donnell Law Offices at 570-821-5717 or online today. We proudly serve clients in Kingston, Wilkes Barre, Hazleton, and Pittston.

Resources:

pa.gov/psp/crash-reports/home

legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=42&div=0&chpt=85&sctn=22&subsctn=0

insurance.pa.gov/Documents/auto_faq.pdf

legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=75&div=0&chpt=17

https://www.odonnell-law.com/2020/05/08/listen-to-your-doctors-about-what-to-do-after-a-serious-car-accident/

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