My question involves an injury that occurred in the state of:
I was rear ended by a driver who was driving a friend's car with friend's knowledge and consent. Driver himself did not have insurance because he had 3rd degree suspended driver license and had history of DUI. Friend (owner) of vehicle had liability coverage so my lawyer went after but he did not sue the owner of vehicle personally.. When police officer asked the owner ..he said he was out of state at the time of accident but the driver(bad one) had access to the vehicle that hit me.
I asked him why did not you sue car owner personally he said because he does not think owner is responsible.. I argued owner knew (or should have known) about DUI and 3rd degree license suspension ..than owner is responsible for negligible entrustment or vicarious liability ..but my lawyer was not convinced and he did not sue owner even after my request. Is this legal malpractice?