If the person driving the car that rear-ended our us was driving someone else’s car, doI file claim withthe driver’s insureror with theowner’s insurer?

I was a passenger in the car that was rear-ended. I don’t quite know who should pay my medical bills. Should I speak with a personal injury attorney? In Greene County. VA.

Asked on September 17, 2011 under Accident Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Definitely speak with a personal injury attorney--he or she will know what your case might be worth and how to pursue it. An attorney's help will also maximize both your odds of recovering compensation and the amount you might receive.

As a general matter, you  want to sue every potential responsible party, to maximize odds of recovery. In this case, you'd sue both the driver and the car's owner. The driver is potentially responsible as the actual bad actor--the person who drove badly and hurt you. The owner is potentially responsible since owners are often responsible for the acts of those they allow to drive their cars. (If the car was stolen or otherwise taken without permission, then the owner would not be liable.)

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