Can I Sue the Driver If I Was a Passenger in a Car Involved in an Accident?

Making a Passenger Claim Against a Driver

If you were injured in a motor vehicle accident where you were a passenger, you have a right to make a passenger claim against a driver of any motor vehicle that caused the accident. A passenger injury claim can be brought against the driver of the motor vehicle you were travelling in, if that driver was fully or partially responsible for the accident.

Some people are hesitant to bring a car accident injury claim against the driver of the car they were travelling in because that driver is a friend or family member. The important thing to remember is that you are suing the driver in name only; you are not going after their personal assets. The driver’s insurance company will deal with your claim and will pay for your losses. The driver may get a ticket, and the driver’s insurance rates may go up, but that would happen if you brought a car accident personal injury claim or not.

A passenger claim against a driver can also be brought against any other driver of a motor vehicle involved in the accident who was at fault. If there is an accident involving three or more vehicles where all the drivers were partially to blame, and you were injured, you would sue all the drivers and let the insurance companies, lawyers and the courts determine what percentage each driver is at fault. If you are a passenger, it makes no real difference to you who pays for your medical treatment, financial losses and pain and suffering, if it gets paid by somebody.

Sometimes an at-fault driver has no insurance coverage, and no assets. Or sometimes that driver flees the scene and is never caught. In that case, a passenger claim against that driver can be brought through the Motor Vehicle Accident Claims Fund. The Fund was set up by the Government of Ontario to deal with situations where a passenger has a claim against a driver who was negligent, but that driver has no insurance coverage which would enable the passenger to access funds for medical treatment, financial losses, and pain and suffering.

Wearing a Seat Belt Is Important

If you bring a passenger claim against a driver who caused the accident, it’s important that you were wearing your seat belt or sitting properly within the vehicle you are travelling in. If you aren’t wearing your seat belt or are hanging out of the window of the motor vehicle, you might be held partially responsible for your injuries or losses, and the amount you should receive might be reduced by the percentage you are partially responsible.

Choosing the Right Lawyer to Bring a Passenger Claim Against a Driver

A car accident injury claim requires an experienced and dedicated lawyer. Contact Himelfarb Proszanski to find out how to claim for injury in a car accident today and learn how to get the best medical care and the best financial recovery available.