Negligence: In most cases, a passenger can only sue the driver of their own car or other drivers who were negligent. If the driver of the car that was at fault was negligent and their negligence caused the accident, the passenger may have a valid claim against them.
Insurance coverage: The extent and type of insurance coverage the involved drivers have can also affect whether a passenger can sue. For example, personal injury protection (PIP) insurance may cover medical expenses for passengers, regardless of fault.
Comparative negligence: In some jurisdictions, a "comparative negligence" rule applies, which reduces a plaintiff's compensation based on their degree of fault in causing the accident. This means that if the passenger was partly at fault for the accident, their potential recovery may be reduced accordingly.
Damages: The passenger's ability to sue may depend on the extent and nature of their injuries. If the injuries are minor or there are no significant damages, they may not have a viable case.
Statutes of limitations: Each jurisdiction has specific time limits (known as statutes of limitations) within which a personal injury lawsuit must be filed. If a passenger fails to file a lawsuit within the prescribed timeframe, their right to sue may be barred.
Therefore, it's essential to consult with a qualified personal injury attorney who can assess the specific circumstances of the accident, advise you on your legal rights and options, and guide you through the legal process if necessary.
