Q: I was injured in a car accident, but I wasn't driving, can I sue?
A: You can always sue any party other than yourself for your injuries. The more important question is whether or not it will be worth your while. I assume that you were a passenger in a vehicle that was not owned by you at the time of the accident. If this is the case, you may assert a claim against all parties at fault for the accident. Further, if you own a vehicle and have uninsured / underinsured motorist coverage, you may make a claim against your uninsured underinsured motorist carrier as well. The amount you receive will depend upon your injuries, your medical bills, the damages you incurred, your prior history or injuries and accidents and the amount available to pay out to you. For example, if you have $100,000 in damages and the at-fault party has only $10,000 in insurance coverage and no assets or garnishable income and you have no uninsured / underinsured motorist coverage, you may receive nothing because the $10,000 will have to be used to pay the doctors who most likely will maintain liens. Even if you obtain a judgment against someone, if he or she does not have insurance or assets, he may put the judgment against him or her through bankruptcy and dispose of the judgment like any other creditor's debt.
***Ms. Harwell is licensed to practice law in Florida. In accordance with the Justia community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship. This communication is provided for the purpose of general informational purposes only. Additional facts and information pertaining to the relevant question above could significantly change this response and make it inapplicable to your personal circumstances. Many attorneys offer free consultations and Ms. Harwell strongly advises that you take advantage of this opportunity to discuss your particular situation in detail and obtain legal advice most suited to your personal situation.
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