If you are a passenger in a car accident here in New York and a relative of yours was driving, you may have no choice but to sue your relative.

That sounds pretty harsh.

Why would you have to sue the relative?

It's because the driver of the car that you are in may have caused or contributed to your accident.

If you were to only bring a lawsuit against the driver of the other car, without bringing a direct claim against the driver of the car that you were in, the other driver would be able to point a finger at your relative. If the case went to trial and a jury ultimately believed the driver did not cause or contribute to the accident, but rather your relative did, it would be devastating since you'd no longer be able to obtain any compensation merely because you chose not to bring a lawsuit against your parent or relative.

I know it sounds bizarre and really harsh to say you may have to sue a parent or an aunt or an uncle in order to obtain compensation, but the reality is that's why we have motor vehicle insurance.

Watch the video to learn more.

Gerry Oginski
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NY Medical Malpractice & Personal Injury Trial Lawyer