(2) Depends what kind of accident it was.
The accident could be caused by driver's careless driving, or the car mechanical problem caused by owner's neglect. You can sue driver and add owner later, or sue both and drop one later. The important thing is to sue someone.
Since you didn't ask, I assume your niece exhausted insurance coverage on her own policy, the policy of the car she was driving, and the policies of the driver.
The accident could be caused by driver's careless driving, or the car mechanical problem caused by owner's neglect. You can sue driver and add owner later, or sue both and drop one later. The important thing is to sue someone.
Since you didn't ask, I assume your niece exhausted insurance coverage on her own policy, the policy of the car she was driving, and the policies of the driver.
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