QUESTION
17 yo was in an accident in which she was hit by a 14 year old driver in a stolen car being chased by police;my insurance covering,any restitution?
Asked on May 07th, 2025 on Automobile Accidents - Delaware
More details to this question:
My 17 yo daughter was in an accident in which the other driver ran a red light and was at fault; the other driver was a 14 yo who had stolen the other vehicle and was in an active police chase at the time of the accident. My uninsured motorist coverage is having to kick in and fit the bill for our totaled vehicle and her medical expenses. Can there be any restitution from the juveniles (there were multiple in stolen car) and their parents?
1 ANSWER
The Dangerous Instrumentality Doctrine holds vehicle owners liable for damages caused by someone using the vehicle with permission. However, if the driver did not have permission, the owner may not be liable under this doctrine. Instead, a negligence theory could apply.
For example, if the owner failed to secure the vehicle, allowing an unauthorized driver to take it, there could be an argument for negligent entrustment. Courts consider factors like prior knowledge of the driver’s tendencies, security measures, and whether the vehicle was stolen or taken without consent. What injuries did your child sustain?
Answered on May 08th, 2025 at 2:31 AM