Willis, TX Personal Injury Law Firms & Lawyers

I cannot give a definite answer because you did not provide enough information. But it is more likely than not that you can assert a claim. The nature of the claim and framing of the issues will require a detailed analysis of the facts of the case.

Yes. You can sue the person who was driving. The owner's insurance will likely cover the damage up to the limits of liability coverage, although they may try to deny coverage if there is a clause in the insurance policy against allowing unlicensed drivers to use the vehicle. If there is no insurance coverage, you should have uninsured coverage that will cover damages up to your policy limits. You can sue the owner for negligently entrusting the vehicle to the unlicensed driver if you can show the owner had reason to believe the unlicensed driver was unfit to drive. Not having a license, in of itself, may not be enough to prove this (I would have to do additional legal research on this issue to determine if the courts have addressed whether entrusting a vehicle to an unlicensed driver is enough to establish negligent entrustment).

If the tattoo shop is not judgment proof and if the damages are substantial you have a good case. It would help to sign up the other people who were injured.