What to do if my vehicle was struck from behind by an unlicensed driver who was using another person’s car?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my vehicle was struck from behind by an unlicensed driver who was using another person’s car?
The vehicle owner apparently does not have insurance. I will seek remedy in small claims court $600/damage. Do I file against the owner, drive, or both? I live in the same state as do the owner/operator of the other vehicle, however the accident happened in another state.
Asked on October 17, 2015 under Accident Law, New Hampshire
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
You can--and should--file against the driver who would be liable if, as is likely in this type of collision, he/she was at fault and the owner who is liable if a person he/she permits to drive his/her car is liable. Since both may be liable, you file against both to increase the odds of actually collecting money. File for the damage and other costs you incurred as a direct result e.g. did you pay for towing? to rent another car while your car is in the shop? etc..
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
You can--and should--file against the driver who would be liable if, as is likely in this type of collision, he/she was at fault and the owner who is liable if a person he/she permits to drive his/her car is liable. Since both may be liable, you file against both to increase the odds of actually collecting money. File for the damage and other costs you incurred as a direct result e.g. did you pay for towing? to rent another car while your car is in the shop? etc..
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.