If I got into a accident and the person at fault doesn’t have any insurance and is just the driver but her mom owns the car, should I sue the mother?

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If I got into a accident and the person at fault doesn’t have any insurance and is just the driver but her mom owns the car, should I sue the mother?

I don’t know what to do.

Asked on March 9, 2015 under Accident Law, Texas

Answers:

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

Answered 6 years ago | Contributor

The mother is liable for the accident because she is the registered owner of the vehicle.  If the mother has insurance, file your claim with the mother's insurance company.

If the mother does NOT have insurance and you have uninsured motorist coverage, file an uninsured motorist claim through your insurance company for your property damage (cost of repairs to your car).  If you were injured, your personal injury claim is separate from your property damage claim.  Your personal injury claim isn't filed until you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary, which means having reached a point in your medical treatment where no further improvement is anticipated.  Your personal injury claim should include your medical bills, medical reports and documentation of wage loss.  Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.

If the mother does NOT have insurance and you don't have uninsured motorist coverage, sue the mother for negligence.  You should also name the daughter as a defendant in your lawsuit.

If you sue the mother and daughter for negligence, your lawsuit must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

 


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