Legal Question in Personal Injury in Virginia

Re: Is only the driver responsible?

The driver is responsible unless he was acting as an agent for another person (i.e., driving for his employer), or unless you can establish that someone entrusted the car to him knowing him to be a danger. HOWEVER, the owner's liability insurance should cover this, and if there is less coverage than on your uninsured/underinsured coverage, yours will make up the difference.

Re: Is only the driver responsible?

I would strongly encourage you to see a lawyer for this. Most lawyers who will take this kind of case at all will do so on contingency (meaning you don't pay any legal fee, only costs, if you don't win.)

There are enough pitfalls in this that legal counsel would help.

First, never assume that anything an insurance company says is true. They are in the business of ducking out on their contractual responsibilities any time they can. So that needs to be questioned very carefully.

Second, the tricky part is documenting ALL of the various claims for damages that you can add in, and figuring out how to PROVE each item of damages, which can be hard in this type of case.

Third, you do have to consider whether the defendant has any money. You can win a lawsuit and get nothing as a result, if they don't have money to take.

Fourth, you can sue them even after they move to Florida. Because the accident happened here, you can sue them here, regardless. Eventually you will have to "docket" or "domesticate" a successful judgment in Florida to try to seize or garnish wages or bank accounts to actually collect your money.

You only have 2 years to sue for personal injury, but you do not have to sue them before they move.

Fifth, you probably CANNOT sue the owner of the car unless the owner knew that the driver was drunk. THis is called negligent entrustment. If the owner gave the keys to a driver knowing the driver was dangerous (For example, drunk) then the owner might be liable.