If the person driving the car that rear-ended our us was driving someone else’s car, doI file claim withthe driver’s insureror with theowner’s insurer?

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If the person driving the car that rear-ended our us was driving someone else’s car, doI file claim withthe driver’s insureror with theowner’s insurer?

I was a passenger in the car that was rear-ended. I don’t quite know who should pay my medical bills. Should I speak with a personal injury attorney? In Greene County. VA.

Asked on September 17, 2011 under Accident Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Definitely speak with a personal injury attorney--he or she will know what your case might be worth and how to pursue it. An attorney's help will also maximize both your odds of recovering compensation and the amount you might receive.

As a general matter, you  want to sue every potential responsible party, to maximize odds of recovery. In this case, you'd sue both the driver and the car's owner. The driver is potentially responsible as the actual bad actor--the person who drove badly and hurt you. The owner is potentially responsible since owners are often responsible for the acts of those they allow to drive their cars. (If the car was stolen or otherwise taken without permission, then the owner would not be liable.)


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 AttorneyPages.com 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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