Small claims Legal Standing? *I* had parking lot fender bender in my *mom's* van

[DaffyDuck]

What is the name of your state (only U.S. law)? TEXAS

1. I was in a parking lot and someone hit the van I was driving (my mom's van).
2. Exhausted insurance angles so it's time for small claims court.
3. My mom is still paying off the van so I guess the dealership is technically the legal owner?

Item 3 above notwithstanding, I guess my mom is the one who has legal standing since it is her property right? Or are there issues due to it not being paid off? If my mom *can* sue, I can be a witness for her, is that right? I guess I just wanted to try and sue the defendant myself to save my mom the hassle, but no dice huh?

 

[jiggy78]

You have standing to sue if you paid to have the damage fixed.

What makes you think you can prove what happened? Parking lot fender benders are notriously hard to prove without impartial witnessess (which you are not) or video.

 

[DaffyDuck]

Thanks for the info, point well taken.

I want to add another point.

4. Damage has *not* been repaired. No one, not me or my mom has paid anything to get the van repaired.

Legal standing is back in her court right?

 

[Silverplum]

Quack in your own thread, and stop giving "legal advice" or making dim comments in the threads of other people.

 

[latigo]

You have standing to sue if you paid to have the damage fixed. . . . . . . .

So, under your novel definition whomever foots the bill for the car repairs would be “the real party in interest”.

Assuming so, would it be safe to say that if I had loaned the owner’s son the money needed to pay for the repairs, and he welched one me, that I would then be the real party in interest and have standing" to sue the other driver?

And carrying your foolishness another step:

I sue the guy and while I am sitting in the courtroom awaiting the judge to sign my judgment the OP walks in and hands me the cash to repay the loan?

What then, Mr./Mrs. Oliver Wendell Holmes?

 

[jiggy78]

The person who payed for the repair is the one who suffered the financial loss which would give them standing to sue.

 

[Silverplum]

Since little daffyboy finds it amusing to dabble in "advice" in the threads of other posters, I thought I'd take a right-serious stab at answering his question.

Here you go: http://doa.alaska.gov/dmv/general/addchg.htm

 

[DaffyDuck]

Guys nobody has paid anything yet. Damages were incurred. The van was hit but no repairs have been made.

edit: but ok, I'll take it to mean it's my mom who should sue. Thanks guys.

 

[sandyclaus]

...2. Exhausted insurance angles so it's time for small claims court...

When you say, you've "exhausted insurance angles", what exactly does that mean?

YOU were driving your mother's vehicle. Was she not insured? Were YOU not a covered driver under her insurance policy?

Is the other driver refusing to provide you insurance information, or is their insurance company refusing to do anything?

 

[Just Blue]

Since little daffyboy finds it amusing to dabble in "advice" in the threads of other posters, I thought I'd take a right-serious stab at answering his question.

Here you go: http://doa.alaska.gov/dmv/general/addchg.htm

The "duckman" has been known to post in other forums. Jus'sayin'.

 

[OHRoadwarrior]

Quack in your own thread, and stop giving "legal advice" or making dim comments in the threads of other people.

Are you saying "The Duck stops here!!!"?