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Daughter Passenger of Borrowed Car

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B

brad

Guest
Daughter (15) and her friend1 (16) had been reported as runaway to police in Florida. They borrowed another friend2's car (friend2 gave them keys). Daughter (passenger) and friend1 rode around. Friend1 ran vehicle into something and damaged car. They returned vehicle. Friend2's dad now talking small claims court wanting daughter and friend1 to pay for damages (split 2 ways).

What is the most probable outcome? Friend2 dad has never talked to me. Friend1's mom told the dad that friend1 would make payments but he refused that. I might be out there, but if blame is to be placed, weren't there 3 kids involved? Not that I am entertaining giving friend2's dad access to my money tree in the back yard.

thanks from floriduh

 


I AM ALWAYS LIABLE

Senior Member
My response:

Father ("Jack") of friend2 ("Billy") has no cause of action against your daughter ("Jill"). If Jill can show she was merely a passenger, then she has no liability.

But Jack, using his pretzel logic, will sue her anyway. Jack will also sue friend1 (Driver, "Harry"), who has the only liability in this matter if he had a valid driver's license. If Harry didn't, then Harry and Billy are both responsible.

When Jack sues Jill, there's not much you can do about it except chuckle under your breath in court as he attempts to find some sort of theory for the judge to hold Jill responsible in some manner. He won't be able to, because there is none, and he'll lose that portion of his lawsuit.

Jack doesn't need to speak with you at all. Jack can sue the minors and you without speaking to you first. While it would be a wise thing to do, he doesn't have to.

IAAL
 
B

brad

Guest
His Loss

-------When Jack sues Jill, there's not much you can do about it except chuckle under your breath in court as he attempts to find some sort of theory for the judge to hold Jill responsible in some manner. He won't be able to, because there is none, and he'll lose that portion of his lawsuit.

That's what I was thinking.

-----Jack doesn't need to speak with you at all. Jack can sue the minors and you without speaking to you first. While it would be a wise thing to do, he doesn't have to.


I was aware of that. If he had though, I have a relatively OK 91 Daytona in the driveway I am going to have a tow truck just take away that I would have probably given him. What is wrong with people these days?

thanks and happy holidays!
 

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