Fort Myers, FL asked in Car Accidents and Personal Injury for Florida

Q: Who gets sued in a car accident? The owner or the driver?

I’m wondering who gets sued in these incidents. I was in an auto accident and I have a very well known firm working on the case. The only question I have is every documents says the case is against the owner of the vehicle, instead of the person driving the vehicle who hit me, the owner wasn’t involved in any way besides that it was his car. Maybe that’s how things work, I’m not sure, it seems like it would be more logical to sue the person who was driving, but the driver is in jail on felony charges because they fled the scene, so maybe that’s why, I’m not sure. If someone could clarify this for me I would appreciate it.

3 Lawyer Answers
David Hughes Harris
David Hughes Harris
Answered
  • Personal Injury Lawyer
  • Venice, FL
  • Licensed in Florida

A: Generally, both the driver owner may be held liable under Florida law.

David Alan Wolf
PREMIUM
David Alan Wolf PRO label
Answered
  • Personal Injury Lawyer
  • Mt Dora, FL
  • Licensed in Florida

A: The owner of the vehicle and the driver of the vehicle can be named in the lawsuit. In most cases, both the owner and the driver are named as Defendants. However, at times, just driver or owner is named as a Defendant. You should have a meeting with your attorney to discuss the lawsuit and the named Defendants.

Sean Cleary
Sean Cleary
Answered
  • Personal Injury Lawyer
  • Miami, FL
  • Licensed in Florida

A: You have a personal injury case against both the driver and the owner. The owner's insurer has primary coverage status because insurance follows the car, not the driver. The driver will likely only be liable for injuries if your injuries max out the owner’s insurance policy. This is because the driver’s insurance has secondary coverage status.

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