Can I sue the driver of the car I was riding in if I injured my back in a New York car accident?

Yes. New York allows the passenger to sue the driver of the host vehicle, we call it. That’s not a problem, in some states you can’t do that or it’s limited. New York allows it. But to recover for pain and suffering in an auto case in New York, you have to prove a serious injury. Now, in the case of a back, unless you have a fracture, what a serious injury means, usually, is some restricted motion, where you can’t bend or turn, and it’s permanent or prolonged. Or sometimes we see disks that are ruptured or bulging that cause pressure on the nerve roots that affects the power and sensation in the legs. And those can qualify many times as serious injuries, but you must show a serious injury to recover for a back injury or any injury in a New York motor vehicle accident.

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