Who is liable?

[Kim Casey]

My son was on a bicycle and hit by an automobile August 2005. The facts are that the driver was driving a car still legally owned by another party who had cancelled the insurance on said vehicle. The driver had no insurable interest on the vehicle as he didn't even have the title to the car. My son supoened the owner of that car to small claims court to sue for damages of the bicycle as it was not his. The judge told him he had brought the wrong person to court, i.e. he should have supoened the driver. Please advise
KC
PS, this was in Cache County, Utah

 

[Litigation!]

My son was on a bicycle and hit by an automobile August 2005. The facts are that the driver was driving a car still legally owned by another party who had cancelled the insurance on said vehicle. The driver had no insurable interest on the vehicle as he didn't even have the title to the car. My son supoened the owner of that car to small claims court to sue for damages of the bicycle as it was not his. The judge told him he had brought the wrong person to court, i.e. he should have supoened the driver. Please advise
KC

US Law Only - WHEN POSTING A QUESTION, YOU MUST INCLUDE THE NAME OF YOUR STATE​

 

[stephenk]

so sue the driver.

 

[Litigation!]

so sue the driver.

Stephen, I interested in your response to https://forum.freeadvice.com/showthread.php?t=303590

IAAL

 

[teflon_jones]

Your post is missing the most important piece of information. Who was at fault for the accident?

 

[mlk1978]

Since your son was not in a motor vehicle, then the driver or the vehicle is probobly at fault. After all, it is the "drivers" responsibility to keep a close eye on the road at all times. Find the driver, take him to court and sue him! Let the judge determine who will pay (the title owner or the driver). Good luck!

 

[MandyD]

My son was on a bicycle and hit by an automobile August 2005. The facts are that the driver was driving a car still legally owned by another party who had cancelled the insurance on said vehicle. The driver had no insurable interest on the vehicle as he didn't even have the title to the car. My son supoened the owner of that car to small claims court to sue for damages of the bicycle as it was not his. The judge told him he had brought the wrong person to court, i.e. he should have supoened the driver. Please advise
KC
PS, this was in Cache County, Utah

You don't need our advice when the judge already told you what you had to do.

 

[teflon_jones]

Since your son was not in a motor vehicle, then the driver or the vehicle is probobly at fault. After all, it is the "drivers" responsibility to keep a close eye on the road at all times. Find the driver, take him to court and sue him! Let the judge determine who will pay (the title owner or the driver). Good luck!

So by your reasoning, if you're driving down the street and I jump out of a tree in front of your car and you hit me, it's your fault? Please don't give legal advice unless you know what you're talking about!

It's entirely possible that this is entirely the cyclist's fault.

 

[mlk1978]

So by your reasoning, if you're driving down the street and I jump out of a tree in front of your car and you hit me, it's your fault? Please don't give legal advice unless you know what you're talking about!

It's entirely possible that this is entirely the cyclist's fault.

As an licensed individual in the insurance industry (and working for a major insurance company), I indeed have come across a few of these cases. In fact in one case, a person DID walk in front of a car. The driver of the vehicle was held responsible regardless! The car hit the person, not the other way around! So you may have your own opinion on things, but as I experienced in a similar case, I find that my statement is true to the best of my legal insurance knowledge.