As a matter of procedure, yes you "can" sue both parties. However, if one of the cars truly was NOT at fault, you do not have a good faith basis to bring a legal action. This needs to be further reviewed by a civil litigation/personal injury attorney.
Personal injury attorneys nearly always give a free initial consultation.
The insurance industry’s own statistics indicate that once an attorney becomes involved, the value of any claim at least doubles.
Put those two facts together and it is in your best interest to retain experienced legal counsel at your earliest possible convenience.
I truly wish you the best.
If you find my answer helpful, please click the ‘thumbs-up’ tab below. Thank you.
This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies.
I think the question you really want to ask is whether or not you can make a recovery from one or both drivers if you are a passenger in a vehicle involved in a two-vehicle crash. The answer is that you can only recover from a driver who was negligent.
The fact that you had "soft tissue" injuries would not prevent you from recovering, UNLESS you or a relative with whom you reside purchased "limited tort" insurance. If you have that type of insurance coverage in Pennsylvania, then you can only recover for your pain and suffering if you have a "serious injury" as that term is defined in our Vehicle Code. You would probably need to consult with an attorney on that issue.
If the driver at fault for the crash does not have insurance, then you might be able to recover Uninsured Motorist benefits if you, or a relative with whom you reside, purchased UM coverage in your motor vehicle insurance policy, or if the car you were in had UM coverage. Again, you will probably need to consult with an attorney on that issue.
I suggest that you find an attorney who is a member of the Pennsylvania Association for Justice and call for an appointment. There will probably be no consultation fee for the first appointment.
Sign up to receive a 3-part series of useful information and advice about personal injury law.