Legal Question in Personal Injury in Missouri

Who do I sue?

My car was parked in front of a building the other day and a man in a pickup hit it and totaled it. The man had no insurance, a suspended license and was charged with hit and run. He did not own the pickup. The owner of the pickup also did not have insurance. I have insurance but liability only so it will not cover the damage to my car. I am going to have to file suit in small claims to get my car taken care of but I am not sure who I can sue. Do I sue the owner of the pickup because she let this man drive her truck knowing his license was suspended and knowing that she did not have insurance, or do I sue the driver? If I sue the driver, I doubt he'll ever pay. He does not have a steady job, (he does odd jobs) and he is probably going to jail. Do I have any options?


Asked on 11/08/99, 5:01 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Who do I sue?

Sue both. The driver for his negligence and the owner for negligent entrustment, meaning that the owner knew or should have known that the driver was incompetent and an illegal driver, and thereby tacitly endorsed and adopted the driver's actions. If you get your judgment the hard part is collecting the money. You may be able to get possession of the pickup for a sheriff's sale.

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Answered on 11/11/99, 9:54 pm


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