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Gregory P DiLeo New Orleans Attorney
Can a passenger sue the driver?

A client, Mary, sent me an email asking this question:

Can a passenger in a car sue the driver of that car for damages if she is injured in an accident?

The simple answer is "Yes," if it's not someone in your family, and if you're not listed as an insured on that policy.  In Mary's case, it was her best friend driving her own car, so Mary can make that claim.

 But most homeowners and automobile insurance policies exclude claims against other people in the same household, or between spouses or parents and kids. So read your policy carefully, or check with your agent.

But in any case,  if your driver is not at fault, you can always make a claim against his insurance company for uninsured motorist benefits.  It depends on the facts, and you need a qualified attorney to review your case.

So thanks for the email, Mary. 

This is attorney Greg DiLeo, and this has been Your Legal Minute. 

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Gregory P. DiLeo assumes no liability for the information provided above. The responses may not be correct when applied to your specific situation. Moreover, the information provided is not intended to create an attorney/client relationship and shall not be construed as legal advice.