Legal Question in Personal Injury in Illinois
Recently, I was rearended by a car without insurance. I know I can sue the driver of the car, but he was not the owner. Can I sue the owner as well since the car, itself, did not have insurance?
2 Answers from Attorneys
Possibly, depending on all of the facts. However, you may be better off filing an uninsured motorist claim with your own insurer.
If you had insurance then it would be best for you to file a uninsured motorist claim with your own insurance and then left your insurance go after the other driver/owner if they choose. That would be the best way to proceed.
If you did not have insurance either, then the answer is that you probably can also sue the owner but there may be some defenses where he can wiggle his way out of liability-it will all depends on the specific facts of the case.
I hope this helps-