QUESTION

Can we sue his parents for the damages if the driver who caused the crash is 18 with no insurance and no title?

Asked on Apr 24th, 2014 on Personal Injury - New Mexico
More details to this question:
My son was in an accident, not his fault. Are we just stuck with a $5000 piece of metal?
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9 ANSWERS

Ronald A. Steinberg
You may only sue the owner of the car for its permitted use, and the driver for actually causing the accident. If you have uninsured motorist coverage on your policy, you make a claim against your own company.
Answered on May 23rd, 2014 at 2:18 PM

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James Eugene Hasser
No, not unless they owned the car and let him drive it knowing he was incompetent. You are best off making a collision claim and letting your insurance company worry about getting their money back. Good luck.
Answered on Apr 25th, 2014 at 4:30 PM

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Edwin K. Niles
Why would the parents be liable? Are they the car owners?
Answered on Apr 25th, 2014 at 2:21 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Nope. Parents not liable unless it were their car. do you have uninsured coverage? If you don't know what that is talk to your agent.
Answered on Apr 25th, 2014 at 12:33 PM

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If the car was owned by the defendant's parents, then there should be insurance. If you had comprehensive coverage on your son's car the damage should be covered under your own policy; if you had uninsured motorist coverage on your son's car, then you have coverage for the damages.
Answered on Apr 25th, 2014 at 11:47 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You should see an attorney, and also determine whether or not your automobile was covered by uninsured motorists. Generally, at least in Michigan, the 18-year-old is an adult and his parents would not generally be liable. As I stated before, see an attorney as the law is relatively complex and there are exceptions to almost everything.
Answered on Apr 25th, 2014 at 9:56 AM

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Amusement Park Liability Attorney serving Richmond, KY at Morrin Law Office
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The answer to your question depends on whether anyone had purchased insurance for the car the 18 year old at-fault driver was driving, whether or not your son's car was covered by an uninsured driver policy, and whether or not other applicable circumstances exist. Most attorneys, including me, offer free consultations to review such cases. At the age of majority (18 in Kentucky), an individual becomes responsible for himself. You can attempt to sue the parents but I do not think such a suit would be successful on account of the child reaching the age of majority. If you have an uninsured insurance policy on your son's car then you need to contact your insurance company to submit an uninsured driver claim. If all you have is liability coverage and nothing else then you very well may be holding the bag on this one. If the car is owned by the parents and they purchased a policy for the car then that is a different story. I hope this has helped and I wish you all the best.
Answered on Apr 25th, 2014 at 9:52 AM

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Litigation Attorney serving Irvine, CA at Law Office of James A. Anton
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The owner of the car can be sued.
Answered on Apr 25th, 2014 at 9:36 AM

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Yes,If the parents are the registered owners of the vehicle. The facts of this case will need to be fleshed out, but there may be some liability on the part of the parents.
Answered on Apr 25th, 2014 at 9:35 AM

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