Can a Passenger Sue a Driver Who Is Not at Fault in a Car Accident?

Being in a car accident can be a stressful experience for all involved. Whether you are the one who was driving the car or someone who was just sitting in the backseat and played no role whatsoever in the collision, a car accident can be at the least an inconvenience and at the most a life changing event that causes a great deal of stress and will require someone to make many adjustments in the way that they live.

Can a Passenger Sue if Driver not at Fault?

Passenger and Driver Rights May Differ

If you are wondering whether a passenger can sue a driver in this situation who was not actually at fault, you should start by understanding the role of a passenger in a car accident. As a passenger, you are usually automatically absolved of all responsibility for the accident itself. There are situations where the driver will have no rights when it comes to collecting damages, but the passenger in the very same car often will. The driver will often be limited in how much money he or she is able to win to pay for medical expenses and other damages, based on how much responsibility he or she is assessed to have in the accident.

However, the passenger is, in most every case, entitled to the full amount when it comes to damages because of the fact that he or she did not have a hand in the collision at all. The passenger usually has the right to sue all of the drivers who were involved in the accident for damages, which will actually be paid by the insurance policies of the drivers rather than coming out of their own pockets.

This right is particularly crucial in situations where the passenger has suffered severe injuries and has high medical bills that need to be paid that exceed the insurance policy limits of the drivers who are involved. In this situation, the passenger does have the ability to sue both of the drivers and be fully compensated for the damages. At the minimum, the passenger will likely receive the maximum amount that is allowed under both of the drivers’ insurance policies.

What if the Accident Was Not the Driver’s Fault?

However, if the driver who is being sued is not at fault, he or she will likely not have to pay the claim of the passenger. The court will assess who was at fault in the accident, and if the driver that is being sued by the passenger is assessed to not carry any responsibility at all for the accident, he or she will not be liable and will have no responsibility when it comes to paying any of the expenses incurred by the passenger as a result of the accident.

However, the passenger should certainly fight for his or her rights and sue whoever is responsible. Even if suing the driver who is not at fault will ultimately be a fruitless pursuit, the passenger should then try to sue the other driver. If there was another vehicle that was involved in the accident, it is important to get all of the necessary contact information from this individual, such as his or her name, address, phone numbers, and insurance information. In order to make sure that the person is not lying, someone should ask to see identification.

Additionally, in this situation, it is crucial to talk to a Denton car accident lawyer before dealing with the insurance companies. Insurance companies are often going to end up tricking people into making statements that will take away their right to any damages, as a car accident lawyer will often tell a client. Make sure that you follow the process in a way that will not end up costing you in the end.

Contact a Denton Car Accident Lawyer

Call our law offices today at any of our convenient locations and get a free consultation. We will explain to you everything about our representation in plain English (or Spanish) to ensure there are no surprises. We strive to provide honest communication and work hard to obtain a fair amount of compensation for our clients.

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