Hit by a driver without insurance or employment and I only have liability?

UPDATED: Sep 30, 2022

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Hit by a driver without insurance or employment and I only have liability?

I was in a wreck and two cars totaled. No medical problems. Other drive is 100 liable. She has zero insurance, no license, and never registered her vehicle. She has a lease/loan with ally bank along with a co-signer. She has no job and receives disability benefits. Can I sue the co-signer of the car in small claims? Are her disability payments garnishable or are the co-signers wages?How can I find hers and his assets?

I live in Oklahoma, I only had liability.

Asked on November 10, 2016 under Accident Law, Oklahoma


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You may be able to sue the co-signer if the co-signer is on the lease or title as well, not just the loan: the lessor or owner of a vehicle can be held liable for the actions of her co-lessors/owners or other permitted drivers (people who legally drive the car; e.g. not car thieves or joyriders). However, if she is only on the loan, not the lease or the title, she is not liable, since in that case, she is not the lessor or owner; merely agreeing to guaranty or be responsible for payments does not, by itself, make you liable for accidents.
If the co-signer is liable and you sue her and she still does not pay, you may then be able to garnish her wages.
Disabilty payments may not be garnished.

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 AttorneyPages.com 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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