who is liable for a car accident, the driver or the owner.
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
who is liable for a car accident, the driver or the owner.
my car was hit in a parking lot and the driver took off but was caught on camera. the sheriff found driver later that night but he was not the owner of the truck and the truck did not have insurance. both parties refuse to pay for damages. my car is not drivable and have had to have a rental car since February 29th. are they also responsible for rental fees as well as damages,
Asked on April 30, 2018 under Accident Law, Montana
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
The registered owner of the truck is liable; however, in your lawsuit for negligence, you should name both the registered owner and the driver as defendants. The registered owner is liable for the property damage to your vehicle and your rental car bills. Upon prevailing in the case, you can also recover court costs which include the court filing fee and process server fee. You can enforce a court judgment with a wage garnishment.
Prior to filing a lawsuit, check with your insurance company to see if you have uninsured motorist coverage.
If you have uninsured motorist coverage, you can file an uninsured motorist claim with your insurance carrier to receive compensation for your property damage. Your insurance carrier will sue the at-fault party (registered owner and driver of the truck) to recover the amount it paid on your claim.
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.