Financial Channel

I got in an accident with another vehicle. The other guy was at fault and I want to take it to a small claims court because he had no insurance. The car that I was driving was my car but it was in my moms name. So who sould file me are my mom? Since the guy I had an accident with was only 17 who sould we file against him or his mother?

If the car is in your mother's name, she's the owner and so she should normally be the plaintiff in attempting to recover for damage to the vehicle. She may be able to get coverage through her own auto insurance policy.

well then who sould she file suit against him or his mother

You file suit against the legal owner of the vehicle. Why did you not insist the police issue a ticket for no insurance?

The at-fault driver can be sued for negligence; you can check with the court to see if you need to follow any special procedures when suing a minor. The at-fault driver's parents may be vicariously liable, for example, if they knew him to be driving an uninsured vehicle and did nothing to stop him; their liability is even more likely if they provided the car. The car owner could be liable as a consequence of permitting the minor to drive the uninsured car.