If I am filing a claim in small claims court because the person who rear-ended me has not paid for repairs, do I sue the driver or the owner of the car?

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If I am filing a claim in small claims court because the person who rear-ended me has not paid for repairs, do I sue the driver or the owner of the car?

Asked on February 21, 2012 under Accident Law, Arizona

Answers:

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

Answered 9 years ago | Contributor

The lawsuit should be filed against the registered owner of the vehicle; however, it would also be advisable to include both the owner and driver as defendants in your lawsuit.

Prior to filing a lawsuit, if the registered owner of the vehicle had insurance, you could file a claim for your property damage with the registered owner's insurance company.  If the registered owner did not have insurance, but you have uninsured motorist coverage on your auto insurance policy, you can file an uninsured motorist claim with your insurance company


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