Can I sue the owner of a company if his employee was driving his company truck without a license?

UPDATED: Oct 1, 2022

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Can I sue the owner of a company if his employee was driving his company truck without a license?

Stopped traffic and I was given the permission to make a left turn out of a parking lot. Traffic going southbound. I looked and northbound was free, so I tried to make the left. A truck going southbound went onto the northbound lane trying to get into a gas station on the

northbound side, not expecting anyone coming out of driveway, hit me on the passenger side. The driver has no license and I would like the owner of the company to pay for my damages.

Asked on December 29, 2017 under Accident Law, New York


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can file a lawsuit for negligence, naming both the company and its owner as defendants. 
Your damages ( monetary compensation you are seeking in your lawsuit) would be the property damage ( cost of repairs) to your vehicle.
Depending on the amount of your damages, you might be able to file your lawsuit in small claims court. Upon prevailing in the case, you can recover court costs which include the court filing fee and process server fee.

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 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.

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