Can the driver sue for repairs to a car if they are not the registered owner?

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Can the driver sue for repairs to a car if they are not the registered owner?

My husband was rear-ended while driving his brother’s car, who lives overseas. Due to technicalities, our insurance company will not cover the damages and the other driver does not have insurance.

Asked on February 3, 2011 under Accident Law, Washington

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, unfortunately not. Your husband can not sue unless he has power of attorney from his brother.  Your husband does not have what is known as "standing" to sue the driver of the other vehicle. Standing is the right to bring an action in court. Your husband can ask your brother in law to execute a Power of Attorney and forward it to you here in the United States to allow your Husband to sue to recover for the damage to the car.  He would be the natural choice since he was present at the time of the accident and could testify as to the facts surrounding the accident.  See what your brother in law thinks and take it from there. Good luck.


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