Legal Question in Personal Injury in Virginia

Is only the driver responsible?

I was involved in an auto crash on 4/18/06. My month old car was totaled while I was sitting at a red light. The driver fled the scene but was later brought back by his mother, the truck owner. He was charged with DUI, No operators license, and felony hit and run. (his parents also initially pressed an unauthorized use of a motor vehicle charge on him but dropped it once their insurance had denied the claim) My neck, back and leg were injured and I'm currently in PT. The driver, who has a criminal past, does not own the vehicle, has no insurance or job. My insurance may be coverering this under uninsured motorist but I havent' seen any payments except for my new car. If I sue for personal injury, can I only sue the driver, or can I also sue the owner of the vehicle? They are trying to move to Florida so I think I need to act soon...Any advice would be most appreciated. Thank you.


Asked on 6/05/06, 4:52 pm

2 Answers from Attorneys

Daniel Press Chung & Press, P.C.

Re: Is only the driver responsible?

The driver is responsible unless he was acting as an agent for another person (i.e., driving for his employer), or unless you can establish that someone entrusted the car to him knowing him to be a danger. HOWEVER, the owner's liability insurance should cover this, and if there is less coverage than on your uninsured/underinsured coverage, yours will make up the difference.

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Answered on 6/05/06, 5:13 pm
Jonathon Moseley Jonathon A. Moseley

Re: Is only the driver responsible?

I would strongly encourage you to see a lawyer for this. Most lawyers who will take this kind of case at all will do so on contingency (meaning you don't pay any legal fee, only costs, if you don't win.)

There are enough pitfalls in this that legal counsel would help.

First, never assume that anything an insurance company says is true. They are in the business of ducking out on their contractual responsibilities any time they can. So that needs to be questioned very carefully.

Second, the tricky part is documenting ALL of the various claims for damages that you can add in, and figuring out how to PROVE each item of damages, which can be hard in this type of case.

Third, you do have to consider whether the defendant has any money. You can win a lawsuit and get nothing as a result, if they don't have money to take.

Fourth, you can sue them even after they move to Florida. Because the accident happened here, you can sue them here, regardless. Eventually you will have to "docket" or "domesticate" a successful judgment in Florida to try to seize or garnish wages or bank accounts to actually collect your money.

You only have 2 years to sue for personal injury, but you do not have to sue them before they move.

Fifth, you probably CANNOT sue the owner of the car unless the owner knew that the driver was drunk. THis is called negligent entrustment. If the owner gave the keys to a driver knowing the driver was dangerous (For example, drunk) then the owner might be liable.

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Answered on 6/05/06, 8:06 pm


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