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