Owner was out of town at the time of accident and driver had access to owne'rs truck even though driver's driving lic. was suspended at the time of accident. Now driver did not have insurance at the time of accident so who should we sue? both driver and owner or just driver because owner is not liable? My lawyer said 'there is no basis for liability for the owner. Only the driver is liable for accident. even though the owner's insurance is covering the loss' If owner is not liable than why would his insurance company covering the loss... I guess my lawyer made a mistake am I right? if so...can we correct the mistake ...lawsuit is already filed.