Both drivers in an accident were not the owners of the vehicles nor did they have driver license can the owners sue each other

Who wins and who loses really depends on who caused the accident, not who has licenses, etc. If your son was at fault, he/you will lose and vice versa. File a counter claim in small claims if your son was not at fault (for the damage to your car) and for your son's injuries. If your damages total more than $10,000 you will want to hire an attorney to remove it to superior court. Good luck.

I agree with Ms. Allen's comments.

Ms. Allen said it very well. Having a driver's license has nothing to do with fault. The only thing that I would add is this: it is important to know what the person is suing for: it is personal injuries or is it property damage. If it is for damage to the car, the driver may not have the right to sue for property damage (called standing to sue). The owner of the car is the party who should be suing for the damage to the car. However, the driver does have a right to sue for injuries. If he does not have insurance coverage, he can only sue for the reasonable medical expenses but not for pain and suffering (Prop. 213). Not that it matters in small claims court, but why did your insurance co. deny the other driver's claim?

Licensure status is unrelated to liability.

Yes, if he proves you were at fault. If you receive suit papers, turn them over to your automobile liability insurance carrier and demand that they defend the action.While they may have disclaimed coverage for your son, you are a named insured and entitled to a defense by your carrier. I am curious why they denied coverage for your teenage child. If he was not excluded from coverage and you disclosed the child's presence in your household when you applied for the insurance, there could be coverage for your child on a theory of implied consent. It is unclear to me why you would claim that your child did not have permission to use your car, unless you specifically prohibited it and he took It contrary to your instructions. Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.