What Are the Rights to Sue an At-Fault Driver? In addition to obtaining compensation through your insurer, an injured person can sue an at-fault driver for pain and suffering if the threshold test is met. The threshold test to sue is: 1-A family member has died as a result of the collision 2-The injured victim has suffered a permanent serious impairment of an important physical, mental or psychological function 3-The injured victim has suffered a permanent, serious disfigurement