Accident caused by passenger

[lisanix74]

Would I be wasting my time to sue? And who would I sue? I have an "at fault" on my record and it wasn't caused by me. The passenger in my car was drunk, and irate and snatched the steering wheel causing me to veer into an embankment of ice and the siderail. This happened twice in a matter of about 2 minutes. He did pay for the $500 deductible for the $3K in repairs, but when interviewed by police and my insurance company, he said he did not remember grabbing the wheel. He was arrested that night for public drunkeness but that was it. I just want it off my record since it wasn't my fault. I think it should be on his for the next 5 years--not mine.

Thanks for any help!

 

[CdwJava]

First problem - continuing to drive after he grabbed your wheel the first time.

Second problem - you were driving, the passenger does not recall grabbing the wheel, and there is apparently no proof that he did so.

Whether you can sue or not will depend on the time you have to file a civil action in your un-named state. If this was more than a year ago, chances are that you are out of luck. The only person you might be able to sue for damages might be the drunk guy, but you will still have to prove he grabbed the wheel. You can't really sue him because you were assigned fault for the crash - you were driving, he wasn't.

Now, if your state allows it, and the time has not ticked past, you might be able to have an administrative hearing to dispute the assignment of fault or points. This might be your only chance to avoid the assignment of fault for the collision.

In the future, don't drive irate drunks around. You are lucky to be alive!

- Carl

 

[lisanix74]

It was just outside of Lake Tahoe (Pioneer Trail). The guy from AAA who came to tow the car back to Sacramento (the second time it happened, it made it undrivable thank god), witnessed his beligerence and had me wait in his truck until the police arrived. In the meantime, the drunk guy fought with the AAA driver. So, I have a witness to his behavior, just not the incident himself. Did I mention he tried to drive my car off but the AAA guy stopped. Somehow, everyone decided to go easy on him and like I said, was only arrested for "Public Drunkeness." Oh, it was February of this year.

Thanks for the reply!

 

[seniorjudge]

...The passenger in my car was drunk, and irate and snatched the steering wheel causing me to veer into an embankment of ice and the siderail...

You realize, I hope, that this is one of the most used excuses ever heard in court.

 

[lisanix74]

No, I was unaware of that. The cops know he was drunk and that I was sober. We were both given sobriety tests. They also know that a 911 call was placed 15 mins. prior to the accident and the call was cut off due to him snatching the phone away from me. I wish he had been able to drive the car after he took the keys and control from the AAA guy, then he would have been arrested for DUI AND for stealing the car.

 

[CdwJava]

Well, you can try to sue him, but if he has already paid for your damages, what dollar amount will you seek from him? For what damages? Three years worth of increased insurance rates (as a result of the point assigned by the DMV for fault in the collision)?

Chances are this is a small claims action so it will be you versus him in a court. If you feel you can prove your case, and you can demonstrate a dollar amount for damages (and the increased insurance is about all I can think of) then go ahead and give it a whirl.

- Carl