QUESTION
Who should be responsible for the damages if a family friend (17-year old with a license) hit a hydrant with my car?
Asked on Oct 17th, 2013 on Automobile Accidents - South Carolina
More details to this question:
I was not in the car with him when the accident occurred. No one was injured, just the hydrant and the car was damaged. I don't have collision insurance, so can I sue him or his parents for the damages to my car? They are claiming that he is a minor and the parents were not notified before the key was hand over, therefore I was irresponsible and should be responsible for the damages. They also claimed that the car was unsafe (i.e., bald tires, which were not the case) and if he was to drive his own car the accident would not have happened. The police gave him a ticket for RD failed to maintain proper control.
7 ANSWERS
Ronald A. Steinberg
The driver is ALWAYS responsible for their actions. The only exception is if there is something wrong with the car and you do not warn the driver. You, as the owner, are also responsible if the car was being used with permission.
Answered on Oct 18th, 2013 at 1:08 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You may need some new friends. The 17 yr old is liable for whatever damage he causes, not his parents.
Answered on Oct 18th, 2013 at 11:57 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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If you owned the car, and you gave him permission to drive the vehicle, then you are responsible and the governmental agency which bears the expense of repairing or replacing the fire hydrant will undoubtedly bring a claim against you. When they do that, you can third party in the driver of the car, and perhaps the insurance company for his parents will provide coverage for that if he was a licensed driver in their household.
Answered on Oct 18th, 2013 at 8:04 AM
James Eugene Hasser
The child is responsible. The parents are not.
Answered on Oct 17th, 2013 at 11:34 PM
Thomas Edward Gates
Retain an attorney, he should pay.
Answered on Oct 17th, 2013 at 11:34 PM
You can sue the parents, and probably would win. They might defend on the defense that you were negligent in entrusting the minor to drive it.
Answered on Oct 17th, 2013 at 11:33 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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The 17 year old is responsible. His parents aren't. You can sue, but will probably not collect, unless the 17 year old's insurance covers it, which is possible. I would suggest asking the 17 yea old's parents for the contact information to file a claim on their insurance and/or the 17 year old's insurance. While they may not be personally liable, their auto insurance may cover the liability of their household members who drive.
Answered on Oct 17th, 2013 at 11:32 PM