If I was involved in a car wreck in my husband’s work vehicle, can I file a law suit against my husband’s company for pain and suffering etc.?

My husband was driving and I was in the passenger seat in the front. We were rear-ended. I know I can file suit against the other driver. Can I also sue my husband’s company?

Asked on October 20, 2015 under Personal Injury, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your husband's company is NOT liable. Liability in a car accident is based on fault if you were rear-ended, the other driver is at fault, not your husband or his employer the vehicle's owner. You can only sue at-fault parties, or the owners of the vehicles of the at-fault parties, in a car accident, and based on what you write, that would be the other driver and, if a different person owned his/her car, the owner of the vehicle that hit you.


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