Legal Question in Personal Injury in New Mexico

My 21 year old son was involved in a auto accident that the police report showed was the fault of the other party. Their insurance has denied the claim so my son and I (his mom) filed a small claims case against the other party. My husband and my son are the actual "owners" listed on the vehicle title. Do I need to modify the complaint to be my husband and son suing instead of me and my son?


Asked on 4/21/11, 7:35 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Yes. Mom has no ownership, and therefore no standing (permission) to be involved as a party. It is not necessary to add Dad, as one of the owners can proceed by himself, but Mom should be dropped as a party.

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Answered on 4/22/11, 8:34 am


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