Confusion on who's responsible

[PLH62]

What is the name of your state? Texas
My vehicle was rear ended and the driver that wrecked into me was not the owner and had no insurance. The driver said he was in the process of buying the vehicle. The owner has insurance but does not think hes responsible. Won't the owner be responsible since the vehicles under his name? I have contacted the DPS and no Form 130-u or VTR-346 were filed. Please help on what I shoud do. I have taken my vehicle to two body shops and they have told me my vehicle is totaled.

[jity]

Originally Posted by PLH62

What is the name of your state? Texas
My vehicle was rear ended and the driver that wrecked into me was not the owner and had no insurance. The driver said he was in the process of buying the vehicle. The owner has insurance but does not think hes responsible. Won't the owner be responsible since the vehicles under his name? I have contacted the DPS and no Form 130-u or VTR-346 were filed. Please help on what I shoud do. I have taken my vehicle to two body shops and they have told me my vehicle is totaled.

The owner of the vehicle is at fault because he ALLOWED an uninsured motorist to drive his car. File a claim with your insurance company, they will then subrogate the claim to the deserving party. I sure hope you made an accident report, if you didn’t you should make a written statement now.

Or file a claim against his insurance company and see what they say. It’s not up to the owner of the vehicle, or if it gets ugly sue the uninsured. You have a lot of options.

[teflon_jones]

Insurance follows the car, not the driver. So your first step is to file a claim against the owner's insurance. If his insurance doesn't have adequate coverage to pay for your damages, then you'll need to sue him in court, and you can also sue the other driver. But the owner is who you need to be going after initially.

The facts that 1) the driver was buying the car and 2) was uninsured have absolutely nothing to do with this.

You can also just submit a claim to your own insurance and let them go after the damages if you want to save yourself some trouble.