Rear ended in car accident. Should I get anattorney orsue in small claims court? Sue the car’s driver, or the company that owns the car, or both?
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Rear ended in car accident. Should I get anattorney orsue in small claims court? Sue the car’s driver, or the company that owns the car, or both?
My car was rear-ended by a company’s commercial vehicle in Yonkers, NY. Everyone knows it was not my fault. The company is based in Westchester County and I am too. I had no collision insurance. The other car had commercial plate, but the driver was unlicensed and the vehicle’s registration was already suspended at the time of the accident, due to lapse in car insurance.
The company is still registered and is still doing business in New Rochelle. I am in White Plains, New York and plan to go to a small claims court in Westchester County — does it matter if i sue in White Plains or Yonkers or New Rochelle. Also should I sue the driver, or the company, or both? Do I need a car accident attorney? Thanks for the advice!
Asked on April 28, 2009 under Accident Law, New York
Answers:
N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
If the damages are very minor, and you are sure there is no personal injury it's okay to sue in small claims court although you may want to make speak to a car accident attorney first. If the repair costs are higher than the small claims court's limited dollar jurisdiction, you may have to sue in Westchester County Court. In that case for sure see a lawyer, and also do so if there is a possibility that some injury will later manifest itself.
The accident occurred in Westchester county and all 3 cities -- New Rochelle, Yonkers and White Plains are in Westchester County. All 3 have small claims courts.
Sue both the driver and the company that owned the car. The driver was at fault and is liable. The company is also responsible as he was working for it. It also is liable for allowing an unlicensed driver to drive an uninsured commercial vehicle.
See a car accident attorney in Westchester County. A lawyer's letter may do the trick and may avoid the need for a lawsuit.
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