• By: Hank Stout
  • Published: March 2015

As-a-Passenger-Can-I-Sue-the-Driver-for-Negligence

Question: A friend and I were on our way to the gym when he decided to race a car. He cut us off an a curve and he lost control. We spun hit a fence and lamp post and landed in between some trees. Or so he told me , I don’t remember much. I ran out of the car and had a very bad panic attack and passed out on a near by parking lot. I had to be transported via ambulance to the hospital. I have a neck injury and my back and shoulders really hurt. My parents are so upset , now they want to know if I can be compensated for injury. Is this possible? Should I do it? They say I wouldn’t be suing him but his insurance company.

Answer: You have a claim against the driver for his negligent conduct. Whether you should pursue such claim depends on you. If he has insurance, such insurance may apply but you would have to have someone review the policy. If you were to file suit, you would have to file against your friend not his insurance company (even though his insurance company would likely be responsible for defending and paying the claim).

This question was originally asked here.

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