A vehicle that was driven through my fence and the driver abandoned the vehicle at the scene, can I sue the owner?
Question Details:
We noticed the damage and filed a police report. The vehicle is registered out of state and the police impounded it. If the driver is not located can we sue the owner of the vehicle for damages assuming they don't have insurance to cover it?
Absolutely, you can sue. Unless the owner says the person driving it did not have his or her permission to use the car, there should be liability. You may have to sue even if there is insurance, if the insurance company denies the claim, based on a lack of permission or some other reason.
Be prepared, though, for some practical difficulties. You're going to be suing someone who lives in another state, and their lawyer may file a motion asking to have the case moved to that state, although I doubt it would be granted. Assuming you win, you'll get a judgment in your state, and then you'll have to file another simple lawsuit in the owner's state, because if that's where the owner's money is, that's what you'd need to attach his bank account or garnish his income.
