QUESTION

son borrowed our car an was invoved in a hit and run accident are we lible?

Asked on Sep 05th, 2013 on Automobile Accidents - Washington
More details to this question:
Adult son borrowed our car to go to work. he got drunk after work and was in volved in a hit and run accident. he has no record or previous traffic violations. we had no idea that this could happen..are we lible?
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1 ANSWER

The answer to this question depends on whether or not the vehicle was a Family Car or the vehicle was negligently entrusted to the son. "In order to fasten liability upon the parents for the negligence of the child, under the family car doctrine, the plaintiff must show that the parents, owned, provided, or maintained the automobile in question, and that it was for the general use, pleasure, and convenience of the family."  Coffman v. McFadden, 68 Wn.2d 954, 958, 416 P.2d 99 (1966). Negligent entrustment would fasten liability if the son were allowed to drive the car knowing he might get drunk. If neither of these concepts apply, the parents would not be liable for the son's accident. If the vehicle is insured and the son drove the it with permission, the insurance should cover the accident. This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.    
Answered on Sep 05th, 2013 at 3:43 PM

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