Can you be sued for damages regarding a car accident if you were just a passenger?
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Can you be sued for damages regarding a car accident if you were just a passenger?
I was a passenger in a car that was involved in an at fault accident. I do not own or insure the car I was in. I gave my contact information and left it at that. Now a few months later I received a letter from an attorney representing the other driver stating I may owe damages since the car I was in may be uninsured. I have no idea if it is or isn’t. Can they legally make me to pay for the damages I as a passenger did not cause?
Asked on November 17, 2011 under Accident Law, Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
A non-owner passenger would NOT be liable for injuries or damages caused by the vehicle unless it can be shown that the passenger in some way caused or contributed to the accident: for example, that you grabbed the wheel, spilled hot coffee on the driver's lap, distracted the driver at the moment of accident, etc.
Liabilty arises from either 1) fault (causing the accident in some way) or 2) being responsible as an owner of the vehicle, an employer (e.g. the driver worked for you), or contractually (e.g. you'd agreed to indemnify the driver) for the costs or damages. Without fault or one of those other grounds to impose reponsibility, you should not be liable.
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