QUESTION
If minor drives friend's car and damages another vehicle, can we sue the father for damages?
Asked on Jul 16th, 2013 on Personal Injury - Rhode Island
More details to this question:
A 16 year old damaged my vehicle. My daughter had possession at the time. While he was driving my daughter's best friend's car. At the time, he only had his permit unbeknownst to my daughter and should not have been driving. Can we sue for damages to vehicle in Small Claims and do we sue the father? The 16 year old agreed to pay at the time of incident. Witnesses and text messages confirm that. I already attempted to rectify with father to avoid going to court. We would prefer not to involve the best friend's insurance.
8 ANSWERS
James Eugene Hasser
No; but you can sue the minor, for what that is worth. Your collision coverage should cover it. Let the insurance company worry about getting its money back.
Answered on Jul 18th, 2013 at 10:46 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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I cannot tell who is driving what cars from your question. I am assuming your daughter is driving a car you own, and that the 16 YOA at fault driver is driving somebody else's car (one owned by our daughter's best friend). If the 16 year old's father did not own and provide the car to the 16 year old, I do not think he would be liable for the damage. You could sue in small claims court, and if I understand the facts correctly, sue the 16 YOA driver and the owner of the vehicle for allowing an unlicensed driver to drive the vehicle, and hope the owner's insurance covers the claim. If you have collision insurance, it would be easier to let your insurance pay it and let them bring an action against whomever may be liable.
Answered on Jul 18th, 2013 at 10:37 AM
Motor Vehicle Accidents Attorney serving Van Nuys, CA
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Law Offices of Andrew C. Sigal
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If the damages are under $10,000, then your best bet is Small Claims Court. You would name as defendants the driver of the vehicle and both of his parents.
Answered on Jul 18th, 2013 at 2:32 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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The 16 year old is responsible for his own damage. Let the insurance co take care of it if they will. Why get involved.
Answered on Jul 18th, 2013 at 2:31 AM
Ronald A. Steinberg
I think that your daughter would be liable. She had permission to use the car, but she did not have permission to let anyone else use it.
Answered on Jul 18th, 2013 at 2:31 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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If the damages are less than $5,000, you can sue in small claims court. You can sue both the driver and the owner of the car causing the damage. You cannot sue the insurance company directly, so the decision whether to turn it over to their car insurer will be their decision.
Answered on Jul 18th, 2013 at 2:31 AM
Real Property Law Attorney serving San Francisco, CA
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Law Office of Barbara A. Goode
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The owner of the car will be responsible for allowing an unlicensed driver to drive the car. The parent of the negligent driver could be liable for the kids actions but it depends on the circumstances. I would consult an attorney, or just let your insurance company handle it.
Answered on Jul 18th, 2013 at 2:30 AM
Thomas Edward Gates
You should take both the driver and parents to small claims.
Answered on Jul 18th, 2013 at 2:30 AM