Driver of Accident Car Not Owner

What is the name of your state (only U.S. law)? New York
A driver in a pick-up truck ran a stop sign at excessive speed in a residential area and collided in the intersection with my husband (who had no stop sign and the right of way). Both vehicles were totaled, but thankfully, my husband was not hurt. We have only liability. The police report gives the drivers information, but lists someone else as the owner of the truck, and that is the person for whom we have insurance information (also from the report). Do we have any rights? Our insurance broker recently retired and did not transfer his case load. It also appears that the office where he worked is no longer in the insurance business and so we are getting no guidance on that front. We have been told that it is unlikely that the truck owner's insurance will cover our car and that we will have to sue, but who do we sue, the truck owner? the driver? or both? Any guidance would be extremely appreciated.What is the name of your state (only U.S. law)?

if you sue, you sue the driver and the vehicle owner. You don't want to leave out a possible defendant.

Your insurance won't do anything for you because they have no stake in this. You purchased liability insurance so since you are not facing a claim of liability against you, your insurance has no horse in the race. They're staying in the barn.

why were you told the owners insurance wouldn't cover your vehicle. Unless the driver was an excluded driver or they have some other way to refuse coverage, they will likely pay for your vehicle.

Who told you the owner's insurance won't cover and why? It's a lot more likely they WILL cover unless the car was stolen. Have you called them to file a claim yet? Do that immediately. No sense in worrying for nothing.

If the driver of the pickup truck was operating the vehicle with the express or implied consent of the owner (and the owner is not a commercial rental agency as defined in the Graham Act), then the driver and the owner are jointly liable. Where such consent is shown, the negligence of the operator is imputed to the owner. *

Also, the last person you should be asking for legal advice is your insurance agent!


[*]New York Vehicle and Traffic Law Section 388:

“Every owner of a vehicle used or operated in this state shall be liable and responsible for death or injuries to person or property resulting from negligence in the use or operation of such vehicle, in the business of such owner or otherwise, by any person using or operating the same with the permission, express or implied, of such owner.”

Thanks everyone for the great advice! We definitely were listening to all the wrong people. (Our insurance agent included.) We have now contacted the truck owners insurance company and opened a claim. And BTW, have changed our own carrier after finding them incredibly difficult to contact initially. I'd hate to think what might have happened if we had actually needed them.