Expert Advice When You Need It Most

Can I sue a person who hit me, when i was a passenger, but the car I was in is at fault?

I was in my husbands car when he was changing lanes. A car hit us and the insurance declared us at fault. I want to know if i can sue my own insurance and i dont have medical payments coveege?

Save

Attorney answers (3)

Reputation Level 15
Yes. You can sue both your husband the other driver, regardless of who the insurance company declares is "at fault." If you have a personal injury claim, you should consult with a personal injury attorney as soon as possible. They know how to handle the situation.

Reputation Level 20
As I am not licensed in your state, I can only provide you with some general information. You would not generally sue the "insurance company", but rather you would sue your husband for his negligence and the adverse driver for any negligence that they may have contributed to your injuries. Often times you can sue your spouse for up to the limit of liability insurance which covers your spouse. However, this general rule may vary from state to state, so I suggest that you contact a personal injury attorney in your area as soon as possible and seek continued medical treatment for your injuries..

Reputation Level 14
Usually passengers in motor vehicle accidents can sue BOTH the driver of the car they were in and the driver that hit them.

So YES, you can

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 
Ask now