Can I sue both the driver and the owner of the vehicle?

Asked almost 2 years ago - Little Elm, TX

I was involved in a car accident where the other driver was at fault. The driver does not have a driver's license and the car does not have insurance. The driver is not the owner of the vehicle. I am going to sue the driver but can I also sue the owner of the vehicle for not having insurance on the vehicle?

Attorney answers (3)

  1. Richard Kurt Arbuckle

    Pro

    Contributor Level 18

    7

    Lawyers agree

    Answered . Your best bet is to sue the owner for negligent entrustment. That is lending the car to someone with no dirver's license. Also, you may have a claim under your own insurance policy's uninsured motorist coverage, so get in touch with your own insurer. Good luck

    This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be... more
  2. Joel Brantley Hudson

    Contributor Level 10

    5

    Lawyers agree

    Answered . Your real claim against the owner of the vehicle is for negligent entrustment of the vehicle to an unlicensed driver. You will need to know what evidentiary proof is necessary to make such a claim so I suggest you call a personal injury attorney to help with your case. If the vehicle owner does not have insurance, then you should visit with a personal injury attorney about how you might be able to pursue an uninsured motorist claim on your own auto insurance policy.

  3. David J. McCormick

    Contributor Level 20

    4

    Lawyers agree

    Answered . When you are dealing with negligent entrustment issues it is better to talk to an attorney about your situation, and who you should be making claims against.

    Good luck

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more

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