What to do if I recently got into a car accident and it was the other drivers fault but it was their father’s car and I can’t get the insurance information?

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What to do if I recently got into a car accident and it was the other drivers fault but it was their father’s car and I can’t get the insurance information?

When I called the drivers insurance to get my car fixed, they told me that they would have to go through the car owner’s insurer to see if his son (the at-fault driver) was covered under his father’s policy. The problem is the driver won’t give me his father’s insurance info and he has no job or money, so if I take the driver to small claims I probably won’t receive anything if I win. Can I sue the owner of the vehicle that caused the accident? Additional info: The driver has been involved in car accidents before and has a drug problem, so I think his father is responsible because he let him drive his car.

Asked on December 10, 2012 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From what  you say, you may be able to sue the car's owner: a vehicle's owner is often responsible for the accidents or other actions of those whom he allows to use his vehicle, and that is particularly so when there is reason to believe the other driver is dangerous or irresponsible. You should, however, sue both the son and the father, since you have potentially claims against both, and when there is more than one person who may be liable, you should assert claims against all of them to maximize your chance of recovery.


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