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Can a Passenger in a car accident sue the insurance company but not the driver?
When you are hurt as a passenger in a Pennsylvania auto accident, you are put in an unusual situation. The driver who may have caused your injuries is also your friend, relative, or coworker. It is someone whom you know.
Understandably, you want to recover for your car accident injuries, but can you do that without causing your friend, relative or coworker harm?
You have the right to recover damages. In some cases you may technically need to sue the driver of the car in order to get damages. However, your recovery will come not from the driver’s own bank account but rather from the insurance company. If you choose to pursue a recovery for your injuries, it is important to know that you are not responsible for any increase in insurance rates for the driver – that likely would’ve happened regardless of whether you had pursued a recovery.
Yet, there are certain circumstances when you may be able to sue an insurance company directly in Pennsylvania. Pennsylvania has what is known as a direct action statute. That statute allows a passenger to sue an insurance company directly if the driver is insolvent or bankrupt.
It costs you nothing to call or to file a claim, our fees are based on any recovery.
Contact us today with your auto accident questions. For a free consultation with one of our award-winning lawyers, call us toll free at (866) 735-2792 or complete the confidential case review form on this page.
If you know someone who is unsure about whether or not to pursue a recovery against a driver that he or she knows well, please share this page with that person so that he or she can understand where his or her recovery is likely to come from.
