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Er, read details.

A driver driving a rental car rented under his mother’s name rear ended me on my
way home from work. They did not have insurance. I unfortunately had just
purchased my car, and did not yet have collision listed under my own insurance.

If I have to go to small claims court to cover the expense of my repairs, do I
press charges against the driver, or the person who’s name the rental was under?


Asked on January 31, 2017 under Accident Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You would sue both the driver (an at-fault driver--and a driver who rear ends you is almost always at fault, since it is his obligation to maintain safe following speed, distance, etc.--is liable for the damage he causes, regardless of who owns or rents, leases, etc. the car) and the mother (since a person who allows someone to use a car she owns, leases, or rents can be held liable for her driver's accidents). By suing both, you increase the odds of recovering money (e.g. that at least one will have money to pay you).

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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