Can I sue the policy holder for injuries or just the driver?

Question

I was in an accident and the other driver was at fault. He is a high school senior. The insurance policy is in a different name but same address. If the limits are low, can I sue the policy holder or just the driver?  I was injured and have had two surgeries. The doctor says I will likely need more.

Donald Broad · Answer

You will have to sue the driver, but you might be able to sue the policy holder/owner of the vehicle if you can show some sort of negligent entrustment.  You should consult a personal injury attorney in your area.

Sam Louis Levine · Answer

Dear Injured,  The claim is against the driver.  I would recommend that you consult with an attorney about your car accident case.  There is a great deal of additional information that is needed to properly advise you.

Yvonne Griffin · Answer

Unless the policy holder was somehow at fault, e.g. he allowed the driver to drive his car knowing the driver was drunk, the policy holder cannot be held responsible for the actions of another.  Your suit is only against those who were at fault.

Michael Sgarlat · Answer

IN VIRGINIA you can only sue the driver who caused the accident unless you   can prove that the owner was negligent in allowing the operator to use his   vehicle.  For example the owner was aware that the operator was intoxicated when he borrowed the vehicle.

Gregory Casale · Answer

That may be an option. More facts would be necessary to know for sure. You certainly should have an attorney for that type of case and your attorney should be able to answer that question.

Brian Bourke · Answer

You can sue the driver and the registered owner.  If the driver was a minor, the parents may have some liability depending on the circumstances.  You should consult an attorney as soon as possible so they can determine which parties and which insurance policies might apply to pay for your claim.

Paul Samakow · Answer

You sue the driver.  The policyholder did not cause your injuries.  If   the limit is "low", look at your own auto insurance policy.  If you   have higher Under-Insured limits (might be called UM or UIM), you are   entitled to make a claim for the difference between the limit of the   at fault party and your UIM limit.  An example might be that the at   fault driver has a $25,000.00 liability limit.  Your UIM limit is   $100,000.00.  In this example, you could conceivably obtain an   additional $75,000.00 from your company.  Do not concern yourself with   using your own policy.  That is what it is there for... people often   hesitate or don't make this type of claim for fear that their premiums   would go up... this is not possible, and even if it were, would you   rather have a small increase in your premium and get an additional   $75,000.00, or have no increase in premium and get nothing?  best to you. feel free to call me if you have questions.

Bruce Elliott Goodman · Answer

You could possibly have a cause of action against the owner of the vehicle if the driver was either an employee or an agent of the owner. For example, if the driver was working for the owner and on a job related errand, or if the owner was a parent of the driver and had asked the driver to go to the store to pick up a prescription for the owner. There could also be a cause of action against the owner if the owner provided the vehicle to the driver but knew or had reason to know that the driver's use of the vehicle presented an unreasonable risk of harm to others due to reasons such as the employee's youth, inexperience, or other such reasons.

Paul Whitfield · Answer

Always sue the owner and the driver

Steven D. Dunnings · Answer

You would sue the driver and the owner of the car, if they are two different people. If the driver does not have his own insurance, then you might have a problem collecting a judgment against him/her depending on what assets he/she has to pay a judgment.

Andrew Velonis · Answer

Your claim is against the other driver.  If he wasn't driving his own car, then it is the policy of the car's owner that applies.

William Spern · Answer

You can only sue the owner and driver of a vehicle for your injuries that meet the threshold under MCL 500.3135.

James Kelaher · Answer

In Florida, you can't sue the policy holder, but you can if the policy holder is the owner of the car, which in all likelihood is the case. I

Terry Taylor · Answer

Suit is filed against the person causing the injury, the insurance company is responsible for paying damages up to their policy limits.

Stephen Lombardi · Answer

When in a car,  truck or motorcycle accident (a motor vehicle)  the  proper parties to sue include not just the driver (the operator) but also   the owner. Owners are legally responsible for their permissive drivers. That   means if the owner gives permission for another to drive their vehicle  they are  liable to those injured by the driver's negligence. So you sue both.   As for the policy holder - it all depends. If the policy holder is also the   car owner than yes, but being the policy holder isn't enough to be sued.

Steven Shaw · Answer

No, unless the driver had a separate policy from the one covering the vehicle (ie - friend borrows car, insurance for car is first, insurance for driver is additional).  The facts you have laid out appear to ask if the same policy would cover two times.  The answer to that is no.

Ronald Lowry · Answer

The defendant is the driver and/or his parents if the Georgia Family Purpose Doctrine applies. Also it is possible to sue the owner for negligent entrustment of the car to the driver if the driver has a bad driving history and you can prove the owner knew it. The question of liability insurance, stacking of liability coverages and possible UM coverage is a separate matter. You really need a lawyer experienced in PI claims ASAP. The situation you have described is very complicated.

Russell Gray · Answer

You should consult with an attorney to answer this question and make sure you are gettng all that you should get as compensation for this accident. To answer your question, you should sue the driver by naming the parents as parent and legal guardian of the driver.  If you know of facts that show the parents were negligent in allowing the driver to use the vehicle then sue them individually as well.  But talk to an attorney to make sure you know what you are doing.

Francis Paul Hajek · Answer

The defendant is the driver and he would be the person sued.  However, there may be more than one policy of insurance that covers the accident.  An experienced personal injury lawyer explores all sources of recovery and can advise you on how to proceed so that all possible avenues of recovery are explored.

Jared Altman · Answer

You can sue the driver and the owner.

Michael Heilmann · Answer

In Michigan, a suit is against the owner of the car and the driver. One does not sue the policy. There are limits on most policies that limit the amount of coverage that the policy will cover. It is best to consult an attorney whenever considering an auto suit to avoid overlooking a potential theory of recovery. Good Luck.

Timothy Klisz · Answer

You can sue the driver and the owner of the vehicle.

Harris Gilbert · Answer

You can sue  the owner of the car and the driver.

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Can I sue the policy holder for injuries or just the driver?

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