My question involves an injury that occurred in the state of: California
Ok so about three weeks ago, my parked car was hit by another vehicle. Since I was sleeping when this happened, I did not get a chance to get the other driver's info. However, the police did arrive at the scene and filed a police report. I had to wait 10 days to get a report so for almost two weeks there was nothing I could do about it. I should also mentioned that I only had liability insurance in my car so my own insurance company is of no help in this case.
So the report did not have any insurance information for the other driver. However, it did have the name of the two passengers as well as the information for the owner of the vehicle. I tried contacting both the driver and the passenger immediately. The has never replied despite my multiple attempts to contact him. I even left a message with his girlfriend but he never called back. The other passenger did call me back and told me he had full coverage on the car. He gave me his insurance information and I called them to make a claim. But now the insurance is telling me that they will not cover damages to my car because neither the driver nor the vehicle were insured under that policy. They also told me that the policy holder (passenger) rented the car. So now I'm confused as to who I should take to court. I know I can take the driver but I want to also take the owner of the vehicle. I also have to mention that the passenger of the car is no longer returning my phone calls or messages.
The thing is, in the police report, it was the name and address of the owner so I'm assuming the car was rented from a private party rather than a rental company. I two letters today, one for the driver and one for the person who is listed as the owner of the car. I will mail those out tomorrow. I'm pretty much asking them to contact me or otherwise I will be taking them to court.
I have not gotten an estimate on my car but I am pretty sure it'll be considered totaled since the damage was major and cannot be driven leaving me to ride and walk to school and work.
So my question is, besides the driver, who else can I take to small claims court? Will the owner still be liable if it is true that he rented the car to the other person ("passenger") or would I have to take the "passenger" who rented the car. Or can I take all three?

