Who do I have to file the lawsuit against the driver that was at fault or the owner of the car?

Asked 2 months ago - Sun Valley, CA

I was involved in car accident about an year ago. I was not the person in fault the other driver. The other driver was insured at the day of the accident and now that i collected my data i contacted his insurance company and now they said he was not insured. I also noticed that the car was not under his name neither. So my question is who would i have to file the lawsuit against?

Attorney answers (6)

  1. David Lee Fiol

    Contributor Level 17

    8

    Lawyers agree

    Answered . You don't mention why you are suing - is it for damage to your car or for personal injuries? If for personal injuries, I strongly suggest you find a lawyer to sort out the issues for you - it will be worth it in the end. If it's just a property damage case, you should sue the driver and the listed owner of the car. It's possible the owner has insurance even if the driver does not. If the driver was working at the time, sue his employer as well (perhaps that is who the owner is).

  2. Barry P. Goldberg

    Pro

    Contributor Level 13

    7

    Lawyers agree

    Answered . Good question!
    The owner of the vehicle is statutorily responsible for $15,000. If there is a negligent entrustment issue, then it may be unlimited. As a practical matter, our office always names the driver and the owner of the vehicle in every suit.
    Best of luck!

  3. Christopher John Gansen

    Pro

    Contributor Level 18

    6

    Lawyers agree

    Answered . Your best bet is to sue both of them. You should get a lawyer unless this is a small claims type case. All the best.

  4. Robert Steven Walch

    Contributor Level 12

    4

    Lawyers agree

    Answered . You should file suit against the driver and all owners of the responsible vehicle.

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  5. Michael A Rabban

    Contributor Level 9

    2

    Lawyers agree

    Answered . You should sue both the driver and the owner. You should also check to see if you had uninsured motorist/property damage. If so, your insurance will pay and go after the party at fault.

  6. Faud Haghighi

    Contributor Level 8

    1

    Lawyer agrees

    Answered . You could sue the driver for negligence and registered owner for negligent entrustment.

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