Can I sue the driver of an unisured vehicle for an accident if the driver was not the vehicle owner?

UPDATED: Oct 1, 2022

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Can I sue the driver of an unisured vehicle for an accident if the driver was not the vehicle owner?

The river backed into my parked car. It turns out that she was not the vehicle owner and the vehicle was uninsured. I want to sue her in small claims to recoup the cost of my car repairs. However, she is still here in CO where accident happened and the vehicle owner lives in AZ. Can I go after her or do I have to go to Arizona to sue the owner?

Asked on July 17, 2019 under Accident Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you are allowed to sue either or both of (your choice) the at-fault driver (i.e. the one who backed into you) or the vehicle's owner who allowed the at-fault driver to drive (since the owner is liable for the actions of those whom he/she allows to drive his/her car). While, circumstances permitting, it's generally best to sue both to maximize the chance of recovering compensation, you could sue the driver alome if you chose.

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 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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