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CAR ACCIDENT

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M

malvarez

Guest
My 16yr old daughter was in an accident in texas, she was driving the vehicule in question. The problem I'm having is who is at fault?

The vehicule belongs to her friend, but it's under his mother's name, the car is also uninsured and my daughter dosn't have a license.

Now I have the mother of her friend telling me I need to come up with half the expense to fix the damages, immediately. I'm a single parent and live paycheck to paycheck, she is going to take me to small claims court if I don't pay.

Since my daughter is a minor, am I liable for the damages to both vehicules, or is it thier responsibilty since he let her drive knowing she didn't have a license and the vehicule didn't have insurance?

PLEASE ADVISE.
 


ALawyer

Senior Member
It is your DAUGHTER's responsibility, and an injured person could seek to collect from her, the owner of the car and anyone who let her drive without a license.

I do not know Texas law but generally parents are not liable for the fault of their kids.
 
M

malvarez

Guest
So let me see if I understand you correctly, since there was no bodily injuries, it was basically damages to the vehicules, my daughter and the owner are responsible for the damages to both vehicules, correct? Since she dosn't have a job how does the legal system usually handle these types of situations.
I understand this is only advice and at no point can I use it as LEGAL ADVICE. Are you saying I should look into getting a legal advice from a certified Lawyer?

THANKS
 

I AM ALWAYS LIABLE

Senior Member
malvarez said:
So let me see if I understand you correctly, since there was no bodily injuries, it was basically damages to the vehicules, my daughter and the owner are responsible for the damages to both vehicules, correct? Since she dosn't have a job how does the legal system usually handle these types of situations.
I understand this is only advice and at no point can I use it as LEGAL ADVICE. Are you saying I should look into getting a legal advice from a certified Lawyer?

THANKS

My response:

1. You are not liable for the damages, unless the judge rules that what your daughter did was malicious.

2. Your daughter is, most likely, liable for the damages.

3. The mother can sue your daughter and you.

4. Your daughter has a good chance of losing in court. You have a good chance of having such lawsuit dismissed as to yourself.

5. A judgment against your daughter is good for up to 20 (twenty) years.

6. Your daughter is bound to have a job within 20 years.

7. Her wages and bank accounts can be garnished during those 20 years to pay the judgment, court costs, and interest on the judgment.

8. It will be likely your daughter will not be able to get a license to drive, because of this, until she's at least 18 years old.

9. The State of Texas may also levy a fine against your daughter.


IAAL
 
M

malvarez

Guest
Thanks for the update.

I guess she better get a job realy fast.

Once again thanks for clearing that up.
 

JETX

Senior Member
Let's see if I can put a "Texas spin" on this one....

In a nutshell...
Your 16 year old dau was driving without a license and insurance. I assume that when she got behind the wheel, she knew that she was unlicensed and uninsured. So, this pretty much releases the 'friend' or the friends mother from ethical (but not legal) responsibility. Your daughter was absolutely wrong ETHICALLY and MORALLY. Do not allow her to 'sidestep' the issue of HER stupidity and responsibility. You have a great opportunity to teach her maturity and acountability... don't blow it!!!

Now, as to the legal issues....
In Texas, the owner of the car involved in the accident is the responsible 'insurer' of that car, not the driver! Unless the car was stolen, or otherwise used without the owners permission, the car owners insurance is responsible for the damage and repairs. It is the responsibility of the car owner to insure his/her car.

Can you be held personally liable for the actions of your daughter? Absolutely! If the Plaintiff is able to show that your daughters actions were malicious (she knowingly drove without a license or insurance, or that she was incapacited when she drove, alcohol, drugs or even inexperience) it could be argued that her actions were malicious. Would it 'stick'? Depends on how the judge or jury feels that day! And if this were to go to court and you (or your daughter) lost, there could be added attorney fees and court costs. Additionally, I believe the court would consider the both party responsibilities in damages (did her 'friend' or parent know that your daughter was unlicensed and uninsured. If so, then they will be assigned a percentage of responsibility).

Finally, Texas judgments can last until the closing of the debtor's estate or until paid. They are good for 10 years and can be easily 'refreshed' forever until paid. And they accrue simple interest of 10% per annum until paid.

My 'random' suggestions:
Contact the owner of the car, find out if they had insurance (Texas does NOT require insurance to cover your losses, but DOES require liability to cover the others). If so, you might offer to pay the deductible. Also, have you considered contacting YOUR insurance carrier? Depending on your relationship with your agent and carrier, they might extend coverage to your daughters actions. Also, your homeowners insurance might provide coverage. In any case, I suggest negotiating some reasonable settlement AND GET IT IN WRITING!!!!
 

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