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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?
Thanks
Asked on January 31, 2017 under Accident Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 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).
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