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If I Was Injured in a Car Crash, Can I Sue the Driver of the Car I Was Riding In?


Typically, a passenger who gets hurt in a car crash has an easier case than a driver or any other type of personal injury plaintiff due to the fact that the passenger generally does not share any liability (though there are exceptions). In a two-car accident, for example, fault will normally lie with one or both of the drivers.

However, the passenger must still prove that:

  • The crash was the defendant’s fault
  • The plaintiff suffered damages
  • The defendant’s actions resulted in damages
  • The extent of the damages sustained

With this in mind, a passenger injury claim will proceed just like any other car accident claim. Just as in other auto accident cases, the passenger would want to gather the insurance information for any drivers involved in the crash and file claims with the insurance companies of any of the drivers he or she believes is liable for the crash.

Of course, if the accident were a single-vehicle crash, the passenger would only file with their own driver’s insurance company.

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