What to do if my vehicle was struck from behind by an unlicensed driver who was using another person’s car?
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What to do if my vehicle was struck from behind by an unlicensed driver who was using another person’s car?
The vehicle owner apparently does not have insurance. I will seek remedy in small claims court $600/damage. Do I file against the owner, drive, or both? I live in the same state as do the owner/operator of the other vehicle, however the accident happened in another state.
Asked on October 17, 2015 under Accident Law, New Hampshire
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You can--and should--file against the driver who would be liable if, as is likely in this type of collision, he/she was at fault and the owner who is liable if a person he/she permits to drive his/her car is liable. Since both may be liable, you file against both to increase the odds of actually collecting money. File for the damage and other costs you incurred as a direct result e.g. did you pay for towing? to rent another car while your car is in the shop? etc..
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You can--and should--file against the driver who would be liable if, as is likely in this type of collision, he/she was at fault and the owner who is liable if a person he/she permits to drive his/her car is liable. Since both may be liable, you file against both to increase the odds of actually collecting money. File for the damage and other costs you incurred as a direct result e.g. did you pay for towing? to rent another car while your car is in the shop? etc..
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