Legal Question in Insurance Law in California

CA auto accident..sue against onwer and the driver

After an auto-accident, can the no-fault driver sued against the driver and the owner of the at-fault car. The driver filed an answer saying he is covered by the owner's liability policy. The owner did NOT file an answer. The no-fault driver filed an request for default against the OWNER.

My question is if the default is issued against the OWNER, can the no-fault driver still claim damages against the DRIVER?

The damage claimed is only for property damage, the amount is within the limit of the OWNER's policy...


Asked on 6/19/09, 4:14 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: CA auto accident..sue against onwer and the driver

Yes, the lawsuit proceeds. If you prove your case by a preponderance of evidence, judgment will be entered against both the defaulted owner and driver.

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Answered on 6/22/09, 4:26 pm


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