QUESTION
Am I legally responsible for this auto accident claim? How?
Asked on Sep 14th, 2015 on Personal Injury - Michigan
More details to this question:
I let my daughter take my car to work. This was November 2014. I was in bed, not well. My mistake. I should have taken her. Her father was in the process of purchasing her car. I did not have her on my auto insurance. Since she was going to have her own car within the next couple of weeks. She was at a stop light and bumped the car in front of her. She told me about the accident and unbeknownst to me, the victim went to her car insurance company and obviously got $1,261.23 for a scratch barely visible. My car was not damaged and no visible marking whatsoever. This woman was very good. Since my automobile insurance company would not cover this claim, I received my first communication March 28, 2015 from a credit collection service. Do I have any recourse? This bill is in my name, not my daughters, since it was my car she was driving.
7 ANSWERS
In California, the owner of a vehicle is liable with the driver up to the first $15,000 of the damage caused by the car. As it was your car, you would be liable. Get a copy of the repair estimate from the insurance company to see if it is accurate; the replacement of a bumper can cost $1,200. Since her own insurance company paid her that much, you probably will have little chance to argue them down to a lower price. You will have to make some arrangement with the collection agency for the payment. Do not agree to paying any costs aside from what the body shop charged as they apparently do not have a judgment so are not legally entitled to anything except the property damage. Before you make the last payment, and probably before even the first, get them to give you a signed statement that the case is settled once you make certain payments and keep proof of those payments as collection agencies are infamous for never giving you a release once you have made all payments.
Answered on Sep 16th, 2015 at 3:18 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Some states have laws making parents liable for their minor children's torts, up to a set amount of money. Some do not. Check with a personal injury lawyer in your locality. It may be that your daughter is legally responsible, rather than you. Of course she is morally responsible, and she should reimburse you for any money you may have to pay. You could also try to settle the claim with the collection people for some significant discount. It does not appear that they have sued you yet. If they have not, then they will still have to decide if they want to invest a lot of money in collecting about $1,200.00.
Answered on Sep 15th, 2015 at 4:45 PM
Ronald A. Steinberg
Yes! She used your car with permission, and you knew she wasn't insured.
Answered on Sep 14th, 2015 at 8:10 PM
Edwin K. Niles
You don't say why the insurance company didn't cover you. Perhaps someone should review the policy. But yes, both the owner and the driver are responsible, although as between the two of you, your daughter should cover this expense.
Answered on Sep 14th, 2015 at 5:51 PM
James Eugene Hasser
From what you have described here, I would say you are not liable for your daughter's accident. Good luck.
Answered on Sep 14th, 2015 at 2:27 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The amount at issue does not appear to be sufficient to warrant paying an attorney to do more than review the policy to see if daughter's accident should have been covered.
Answered on Sep 14th, 2015 at 1:58 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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In Florida, the owner of a car is just as responsible for any damage that car causes as the driver is. A car in Florida is considered a "dangerous instrumentality" so the owner of the car is on the hook. If your name is on the title, you are responsible.
Answered on Sep 14th, 2015 at 1:58 PM