Is it legal malpractice when my personal injury lawyer did not sue owner of vehicle that hit me?

[curiousv]

What is the name of your state? WA
I was rear ended by a driver who was driving a friend's car with friend's knowledge and consent.

Driver himself did not have insurance because he had 3rd degree suspended driver license and had history of DUI.

Friend (owner) of vehicle had liability coverage so my lawyer went after but he did not sue the owner of vehicle personally..

When police officer asked the owner ..he said he was out of state at the time of accident but the driver(bad one) had access to the vehicle that hit me.

I asked him why did not you sue car owner personally he said because he does not think owner is responsible..

I argued owner knew (or should have known) about DUI and 3rd degree license suspension ..than owner is responsible for negligible entrustment or vicarious liability ..but my lawyer was not convinced and he did not sue owner even after my request.

Is this legal malpractice?

 

[Zigner]

What is the name of your state? WA
I was rear ended by a driver who was driving a friend's car with friend's knowledge and consent.

Driver himself did not have insurance because he had 3rd degree suspended driver license and had history of DUI.

Friend (owner) of vehicle had liability coverage so my lawyer went after but he did not sue the owner of vehicle personally..

When police officer asked the owner ..he said he was out of state at the time of accident but the driver(bad one) had access to the vehicle that hit me.

I asked him why did not you sue car owner personally he said because he does not think owner is responsible..

I argued owner knew (or should have known) about DUI and 3rd degree license suspension ..than owner is responsible for negligible entrustment or vicarious liability ..but my lawyer was not convinced and he did not sue owner even after my request.

Is this legal malpractice?

If your attorney files a suit against a party that he knows/believes is not legally responsible, he can be hit with sanctions for abuse of process.

 

[TigerD]

That is a question best directed to another attorney in Washington that practice legal malpractice.

TD

 

[justalayman]

You had the option of retaining a different lawyer if you did not agree with the position of your current lawyer.


Just as a point of precision

Your lawyer didn’t sue anybody: you did. Your attorney represented you and filed your suit on behalf of you.

 

[Mass_Shyster]

The driver caused the damage, but the owner’s insurance covered the damages. What would have been the point of naming the owner when the same policy covered both?

 

[justalayman]

The driver caused the damage, but the owner’s insurance covered the damages. What would have been the point of naming the owner when the same policy covered both?

Because if the insurance was not adequate to cover all claims, if the owner was deemed liable as well as the driver, there would be two pockets to reach into for the uncovered damages.

 

[websolute]

Did your lawyer gave you a statement about it or not?

 

[quincy]

Did your lawyer gave you a statement about it or not?

About what?