Can I sue the policy holder for injuries or just the driver? 36 Answers as of February 17, 2012

Dear Injured, The claim is against the driver. I would recommend that you consult with an attorney about your car accident case. There is a great deal of additional information that is needed to properly advise you.

Unless the policy holder was somehow at fault, e.g. he allowed the driver to drive his car knowing the driver was drunk, the policy holder cannot be held responsible for the actions of another. Your suit is only against those who were at fault.

IN VIRGINIA you can only sue the driver who caused the accident unless you can prove that the owner was negligent in allowing the operator to use his vehicle. For example the owner was aware that the operator was intoxicated when he borrowed the vehicle.

That may be an option. More facts would be necessary to know for sure. You certainly should have an attorney for that type of case and your attorney should be able to answer that question.

You should speak to your attorney, but you are right to inquire whether there are any other parties or insurance policies to make a claim against. For example, you should make a claims against not only the driver, but also the registered owner of the vehicle, if different from the driver, and possibly also the owner's homeowner's policy.

You can sue the driver and the registered owner. If the driver was a minor, the parents may have some liability depending on the circumstances. You should consult an attorney as soon as possible so they can determine which parties and which insurance policies might apply to pay for your claim.

Whether or not you can sue the policy holder, rather than the driver, will depend on additional details. For example, was the person driving on behalf of the policy holder? Was the driver under 18? There are several other details to consider as well. There is no reason why you should remain a victim here and you simply must be justly compensated for what happened to you.

You sue the driver. The policyholder did not cause your injuries. If the limit is "low", look at your own auto insurance policy. If you have higher Under-Insured limits (might be called UM or UIM), you are entitled to make a claim for the difference between the limit of the at fault party and your UIM limit. An example might be that the at fault driver has a $25,000.00 liability limit. Your UIM limit is $100,000.00. In this example, you could conceivably obtain an additional $75,000.00 from your company. Do not concern yourself with using your own policy. That is what it is there for... people often hesitate or don't make this type of claim for fear that their premiums would go up... this is not possible, and even if it were, would you rather have a small increase in your premium and get an additional $75,000.00, or have no increase in premium and get nothing? best to you. feel free to call me if you have questions.

No, you may not sue the policyholder. You may sue the driver for negligence. Also, you may sue the principal of the driver, if the driver was an agent for some individual and/or entity and if the driver was engaged in the course and scope of that agency at the time of the accident. Notwithstanding, even if you could sue the policyholder, the same policy that covered the driver would apply to the policyholder and the result would be that adding the policyholder would afford you no additional coverage.

You could possibly have a cause of action against the owner of the vehicle if the driver was either an employee or an agent of the owner. For example, if the driver was working for the owner and on a job related errand, or if the owner was a parent of the driver and had asked the driver to go to the store to pick up a prescription for the owner. There could also be a cause of action against the owner if the owner provided the vehicle to the driver but knew or had reason to know that the driver's use of the vehicle presented an unreasonable risk of harm to others due to reasons such as the employee's youth, inexperience, or other such reasons.