Legal Question in Civil Litigation in New York
Hit by unlicensed driver
My car was hit by an unlicensed driver who was driving a construction company pick-up truck. We are going after the insurance co. of the truck for damages to our car. Can we successfully sue the construction company for allowing the unlicensed driver to drive their truck? There were no physical injuries but having my 81 year old mother and my 11 year old daughter in the car makes me feel strongly about suing the company or driver for their actions and what could have happened to anyone in my vehicle. Thank you.
2 Answers from Attorneys
Re: Hit by unlicensed driver
Yes, you can sue the company.
Re: Hit by unlicensed driver
You can sue the construction company to recover damages. With respect to the property damage to your vehicle, I would assume that your own insurance company would have reimbursed you for those damages. They would then be able to sue the construction company to recover what they paid you. With respect to suing for "what could have happened" to your mother and daughter, however, those are not sufficient "damages" which would relate to any recovery. Please feel free to contact me should you have any further questions.
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