If I’m riding with someone and they’re involved in an accident can I file again claim against their insurance company

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If I’m riding with someone and they’re involved in an accident can I file again claim against their insurance company

If I’m riding with a friend and they’re
involved in an accident can I file a claim
against their insurance company

Asked on February 3, 2018 under Accident Law, Arkansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If the person in whose car you were in was driving carelessly and you were injured, you could submit a claim to them and their insurer and, if they or their insurer will not voluntarily pay you compensation, you could sue them (you sue the driver, not the insurer; the insurer may defend or pay for the driver, but the driver is one who was at fault and so who may be liable).
But liability depends on fault; if the person driving the car you were in was not at fault (so not driving carelessless or negligently), then they are not liable, and neither they nor their insurer would have to pay you anything.


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