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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.


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