If you were driving someone in your car and have an accident, canthat passenger sue you even if you were not at fault?

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If you were driving someone in your car and have an accident, canthat passenger sue you even if you were not at fault?

Giving my co-worker a ride to work, we were hit by a SUV. The drive’rs insurance accepted full liability but now my co-worker/passenger is sueing me. This makes no sense to me. My co-worker was the only one injured. The at-fault driver’s insurance accepted full liability and my co-worker/passenger sued his insurance company. I don’t know what happened with that case but now I hear she’s trying to sue either me or my insurance company. I’m so stressed out I don’t know what to do. This just seems wrong, does she even have a case?

Asked on September 24, 2010 under Accident Law, Missouri

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Sit back and relax.  Take a deep breath.  You have insurance and your insurance company will handle the matter for you.  You reported the claim and they will hire an attorney to defend you on the matter.  It should be part of your insurance policy provisions.  What is happening is quite common when a passenger is injured in a car accident.  A passenger has no liability at all in the matter but their attorney has an obligation to sue all drivers for fear of malpractice.  If as you say you have no liability then you should not worry and that fact should come out through the discovery process and then your attorneys will make an application to the court to dismiss the matter against you.  I know that it seems ridiculous and unfair but it really is not unusual and you are ok having coverage so don't worry.  And make sure that you ask your attorneys that are assigned any questions you have.  You have every right to do so.  Good luck.


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