Legal Question in Civil Litigation in Florida

Hello,
I need some assitance in how to list the plaintiff and defendant in a small claims suit I need to file. I have a car financed and registered in my name only, but I'm married. My husband had the car without me and handed over the keys to his 17 year old friend (who is like a cousin). This minor lied about having a driver's license and ended up wrecking the car. He was criminally cited for not having a valid DL and cited with reckless driving. My husband was not held responsible b/c he clearly thought the boy had a license (yes, stupid).
Anyway, I am having difficulty getting the 17 year old's parents to make arrangements to cover my deductible. How do I set up the parties because the other side involves a minor? Do I sue his father and the minor together, or just the father? The minor turns 18 in January..should I just wait and sue him by himself, or will that not work b/c he was a minor when the accident took place?
Additionally, because I was not around for the accident, does my husband sue b/c heis the one who handed the car over with the expectation to get it back in one piece, or do I sue b/c it's only in my name, or should we sue together? Once I figure this out, I can handle the rest from there. Thank you! :)

Asked on 10/22/11, 5:08 pm

David Slater David P. Slater, Esq.

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0 attorneys agreed

Since you are the owner, the action is in your name. I would wait until he turns 18,otherwise you must name both he and a parent.

Answered on 10/23/11, 5:21 am

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