QUESTION

Can I sue an 18-year-old for something that happened when she was 17?

Asked on Jan 09th, 2014 on Bankruptcy - Michigan
More details to this question:
My 17-year-old step-daughter stole my car and totaled it. She was unlicensed and not insured so insurance won't pay for it. I still owe the bank $18,000 and they are going to send it to collections. When my step-daughter turns 17 can I sue her to recover damages?
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5 ANSWERS

Yes you may.
Answered on Jan 10th, 2014 at 9:42 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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I do not understand the facts here which are critical. Are you actually the adoptive mother of this child, or is she a stepdaughter as child of your current husband prior to the commencement of your relationship or are you simply living together and consider her to have that relationship? Your facts state she actually stole your car in which case you should be covered by insurance, and she should be prosecuted do to the fact that there is been some very significant damages. That might potentially cause her to be sentenced as liable for restitution, in addition to her other punishments.
Answered on Jan 10th, 2014 at 7:07 PM

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No. The event occurred when she was a minor.
Answered on Jan 10th, 2014 at 7:07 PM

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NA hordjc@yahoo.com
No, you cannot sue her if she was a minor at the time of the accident. You will have to sue her guardian, which could be yourself. I suggest you work something out with the bank, or file bankruptcy to get rid of the debt.
Answered on Jan 10th, 2014 at 7:07 PM

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You are describing a tort, and torts are outside my scope. State law varies for a minor's liability. A 17-year-old may be liable, and the parents may also be jointly liable. Provided you did not authorize her to drive the vehicle, your real dispute is with the insurance company. The insurer's liability depends upon conditions in the insurance contract. Consult with an attorney (no fee initial consultation) to explore remedies against the insurance company and your step-daughter.
Answered on Jan 10th, 2014 at 7:05 PM

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