In Washington state can we sue the owner of uninsured truck driven by her 44 year old son w/ suspended license?

Asked almost 2 years ago - Friday Harbor, WA

Driver (here called Anon) had suspended license for DUI five months before. He failed to stop at stop sign and hit my son's VW bus. No injury but my son's VW bus was later rendered unsafe to drive; he eventually had to buy another used vehicle. Anon gave my son verbal promise to pay initial repair costs of $1,500, but strung him along with no payment for four months. Anon has long history of non-payment of debts and bankruptcy. Now it's time to go to small claims court. Can we also name the owner of the truck (the driver's mother) as a second or separate defendant?

Attorney answers (4)

  1. Shawn B Alexander

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    Contributor Level 20

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    Answered . Yes you can name the lega; and registerd owner as well as the driver and you should notify the department of licensing and the owner may have her license suspended until the damage is paid for if you get a judgment that will last ten years. Look at RCW 46.29.330 and
    46.29.370 and make sure you cite the laws to the Judge, so he can properly format your judgment.
    Good Luck

    Only If and until you and I sign an Agreement for Legal Services, I am not your attorney. These answers are... more
  2. Chong Hae Ye

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    Answered . I agree with my colleagues. You can sue the owner.

    The information on this website is not intended to be legal advice.
  3. Jonathan Read Peirce

    Contributor Level 10

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    Answered . I agree with my colleagues and would add that one of your legal theories will be "negligent entrustment." In other words, Anon's mother may have known that he had a suspended license and a history of DUI, but still let him drive her car. You can find out what she says about that at court. You can also find out a little bit of Anon's court history at http://dw.courts.wa.gov/. Best of luck.

    DISCLAIMER: This information is for general information purposes only. Nothing stated above should be taken as... more
  4. Daniel Nelson Deasy

    Contributor Level 20

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    Answered . Yes, you can sue.

    Good luck.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more

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