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brenda nail

Guest
My daughter Mandy is 16 years old and had permission to drive a car of my sister inlaws in which Mandy wrecked but was only issued a ticket for no insurance... neither driver was found at fault..but we were told the car was insured but actually found out that the car hasn't been insured for five months in Kansas.. and now my sister in law is saying that my daughter is liable for the damage??? I dont agree.. can you help me???
 


I AM ALWAYS LIABLE

Senior Member
brenda nail said:
My daughter Mandy is 16 years old and had permission to drive a car of my sister inlaws in which Mandy wrecked but was only issued a ticket for no insurance... neither driver was found at fault..but we were told the car was insured but actually found out that the car hasn't been insured for five months in Kansas.. and now my sister in law is saying that my daughter is liable for the damage??? I dont agree.. can you help me???
My response:

On what theory wouldn't you agree?

Your daughter wrecked someone else's property, and it doesn't matter whether that property is insured or not. It's up to the owner whether or not to insured their property. All because it's not insured, doesn't give your daughter, or anyone else, permission or a license to damage that property. Your daughter has no right to take advantage of someone else's insurance, or lack of insurance.

For example, if I came over to your daughter's home and smashed all of her music CD's, wouldn't I still be responsible for the damage and their value ? If I said to your daughter, "Well, since your CD's weren't insured, I'm not going to pay you." Do you see how ludicrous that argument sounds?

In summary, whether or not certain property is or is not insured is not the issue. The only issue is whether your daughter damaged someone else's property.

So, it's time for your daughter to get a job and start paying - - otherwise, she'll be facing a property damage lawsuit. The judge will say the same thing I'm telling you, and render a judgment against her that will go on her credit report. And she'll be forced to pay.

IAAL
 

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