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Yes, you can sue the driver, even though you’re the passenger in the car, that’s not a problem in New York, it allows that. You can sue for a neck injury, but New York requires that you must show a serious injury in order to recover pain and suffering from a motor vehicle accident. In the case of a neck, what that usually means, is that there’s a restricted motion, how far you can turn to the left or right or look up or look down, or sometimes, there may be a herniated disc in the neck that puts pressure on a nerve that comes out and causes weaknesses or numbness in the arm, limiting the use of your arm or your hand. You have to show that the injury to the neck was serious, and yes, you can recover for it, if you can show that.
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