Asked by user in Ohio.
A 16-year-old with no license allegedly stole his mother's car and rear-ended me at a stop light. He fled the scene. His mother arrived a couple minutes later. The cops came after almost 2 hours. I overheard the mother say that she reported her call stolen. The estimated damages is close to $800. My deductible is $500. My insurance would only pay $300 and my premium will go up if I process the claim under my insurance. What are my chances of winning a lawsuit?
Based on the information you provided, it sounds like the 16-year-old was clearly at fault for the accident. The 16-year-old’s mother may also be partially liable if she allowed her son to drive her vehicle. When you’re involved in a car accident that’s not your fault, you have 3 options:
If you don’t want to involve your insurance company, I would recommend filing a third-party insurance claim with the at-fault driver’s insurance company. If you don’t have the at-fault driver’s insurance information, you should be able to get the information from the responding officer.
Alternatively, you can file a personal injury lawsuit against both the mother and the son (as both may be liable) in small claims court. If you choose to file a lawsuit, be sure to gather all the evidence you can to support your claim (witness statements, police reports, etc.).
You can learn more about filing a lawsuit in small claims court in this handbook published by the Ohio courts.
Read our complete guide to finding the right injury attorney for your case. Read insights from Enjuris attorneys and lawyers across the USA on when and why you need to hire a car accident attorney. Learn more