Do I sue the driver or the owner?

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Do I sue the driver or the owner?

I’m was hit by someone the other morning. Per the officer, she did not have a valid driver’s license or insurance. Due to having no insurance, I am looking to file a small claims suit for the damages. She is not the registered owner of the vehicle, so I’d like to know if I pursue against the driver or the owner?

Asked on March 12, 2019 under Accident Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You sue both, to maximize your chance of recovering compensation. The driver is liable is she was at fault, or driving negligently or carelessly. The owner is liable if she let person use her car (i.e. the car was not stolen)--car owners are responsible for the acts of those whom they allow to use their vehicles. You file one lawsuit, for the total amount of money, and name both as defendants. Between them, if you win, they'll need to come up with the money.


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