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Yes a passenger can just as if they were suing the other driver. There’s no bar or restriction in New York against passenger lawsuit against the host driver. In fact in New York a spouse can sue the other spouse if they were negligent in driving the vehicle. The insurance coverage for that is available in New York although it’s not mandatory. You should check your auto insurance policy to make sure that you do have spousal coverage on your policy in the horrible even that your spouse may be negligent causing you to be seriously injured. You can sue them but if there’s no insurance coverage for that it doesn’t really get you anywhere. But if you do have the insurance coverage for the spousal claim, yes, you can collect from the insurance company for that. Whether or not you’re married to the other driver, the other person, you can make a claim as a passenger against the driver of the vehicle [inaudible 00:01:04] as well as any other drivers.
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