Driver ran into back of me – has no insurance-owner of car is drivers father

UPDATED: Oct 1, 2022

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Driver ran into back of me – has no insurance-owner of car is drivers father

I was rear ended, and the subsequent police report advises that the name of the driver and his father is exactly the same ie no Jr/Sr. The driver is 18 years old, and did not have proof of insurance. I want to take the case to the small claims court. Can I supoena the father vehicle owner or do I have to go after his son? Incidentally the air bag went off and the windscreen broke in drivers car, but police allowed him to drive it home. Is this normal?

Asked on November 10, 2017 under Accident Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Sue the father and son both: an 18 year old can be liable for his own acts, and an at fault driver (like one who rear-ends you) is liable for the damage he causes; and the owner of a car is liable for the acts of at-fault drivers whom he allows to drive (i.e. who did not steal) his car. Name them in the lawsuit as "John Doe (Son of Defendant John Doe [Father])" and "John Doe (Father of Defendant John Doe [Son])," which should be sufficient to identify them. (If they have different middle initials or names, you can sue those, too, to differentiate them.) Bring them both to court since one or both are liable to you.

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