Small claims

[grun]

What is the name of your state?
Wisconsin...A guy failed to yield 'RIGHT OF WAY" and hit my car, The guy driving the vehicle that hit my car is not the owner of it. The guy that owns it will not return my calls, Do I take the owner of the vehicle to small claims ,or the guy that was driving it...My car was totaled and I don't think the other vehile was insured.
Thanks ,
Randy

 

[Betty]

What is the name of your state?
Wisconsin...A guy failed to yield 'RIGHT OF WAY" and hit my car, The guy driving the vehicle that hit my car is not the owner of it. The guy that owns it will not return my calls, Do I take the owner of the vehicle to small claims ,or the guy that was driving it...My car was totaled and I don't think the other vehile was insured.
Thanks ,
Randy

Did you report the accident to your insurance company? You should. What coverage do you have under your policy - might you have uninsured/underinsured coverage?

 

[grun]

Yes I told my ins co but I only have liability coverage on my car

 

[JETX]

Do I take the owner of the vehicle to small claims

Ignore the other post... it didn't answer your question.. only asked more.
The ANSWER is... file your lawsuit against BOTH the driver and the owner. If you don't, they will each end up trying to blame the other... and cause you far more problems than if you pursued them both together and let the court resolve who is liable.

 

[grun]

Can I take them both to small claims the same day...same "hearing"?

 

[JETX]

Can I take them both to small claims the same day...same "hearing"?

Yep. Just name them both as defendants in the same suit.

 

[grun]

Thank you and have a merry Christmas !

 

[Betty]

Ignore the other post... it didn't answer your question.. only asked more.
The ANSWER is... file your lawsuit against BOTH the driver and the owner. If you don't, they will each end up trying to blame the other... and cause you far more problems than if you pursued them both together and let the court resolve who is liable.

Many times posters ask for add'l. info in order to help the OP. If OP did have uninsured or underinsured motorist coverage, a claim could have been submitted under his ins. coverage + the acc. should have been reported to his ins. co. anyway which he came back & said he did though only has liability. It wasn't necessary that you told him to ignore my post -- if you have something different to offer (say) just say it which you did.

 

[JETX]

Many times posters ask for add'l. info in order to help the OP.

Yep... if it is RELEVANT to the question(s) being asked.

In this case the ONLY question asked was "Do I take the owner of the vehicle to small claims ,or the guy that was driving it"

If OP did have uninsured or underinsured motorist coverage, a claim could have been submitted under his ins. coverage + the acc. should have been reported to his ins. co. anyway which he came back & said he did though only has liability.

Lots of people don't want to report an accident to their insurance company. This could be for any of several reasons, including higher premiums or possible denial of renewal.

It wasn't necessary that you told him to ignore my post -- if you have something different to offer (say) just say it which you did.

You're right... it shouldn't have been necessary... and wouldn't have been if you had been RESPONSIVE to the posters question.

 

[Betty]

Submitting a claim under his underinsured/uninsured motorist coverage, if he had it, would have been another option. It would probably have been less hassle & he might not have had to consider small claims court. He would have had two options - his choice. If the acc. wasn't his fault, his ins. cost may not have increased. However, no, I did not answer OP's question (was waiting for add'l. info 1st to give him a more complete answer so I didn't appreciate ignore my post) which you did answer - congratulations! Have a good weekend/Christmas Eve.

 

[JETX]

However, no, I did not answer OP's question

Jesus H. Christ lady.. quit your whining.

 

[Betty]

Jesus H. Christ lady.. quit your whining.

Well, if you would quit replying to my posts & having to have the last word (& telling people to ignore my post), I would shut up! I'll await your last word again.

 

[JETX]

Ignore Betty's last post..... and insistence on last word!!!

 

[Betty]

Ignore Betty's last post..... and insistence on last word!!!

You're funny! I was whining, wasn't I. Santa doesn't like that. Sorry. Seriously have a good weekend, Christmas Eve & Christmas day. Betty