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daughter's auto accidents/Mississippi

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Cheryl Grogan

Guest
A little history. We adopted a 17 1/2 year old girl, placed with us 9/99. Was a foster child, not ours. Adoption finalized in 5/2000. Was not allowed to drive prior to turning 18. DHS would not let them get their license (couldn't get insurance). Found older car she wanted, we helped her buy it for her birthday in March. Parked the car at home. Got learner's permit in early April. I drove with her a few times, awful driver. Can't judge distances, goes to fast, very scatter brained, sits slouched down, pedal to the floor. I didn't want her to get her license until she had taken a drivers ed course in the summer. She got a friend to take her for her drivers test. She passed! We already had her car riding on our insurance. The day she got her license we/she signed papers for her to have an insurance policy for her only. The car is in her name and the insurance is in her name. The insurance agent highly recommends this for children already 18. That evening she backed into a Volvo, dimpling slightly the fender above a rear tire. Cost $1,300.00. In October she rearended a 1998 Buick Ultra. She told me the light had changed and the lady didn't go. She said "I was only going about 25 miles an hour." Well it turns out the lady hadn't had time to proceed with the green light. So far this costs $6,500.00 and will probably go to court because the lady will not settle. I think it is a racial thing no one was hurt, no ambulances, apparently no injuries at all. Anyway, we have warned her repeated that is she has any accidents/tickets/anything we would pull her car/license/keys and sell the car. Well, she sideswiped a car in the parking lot of the place she works this last Saturday night and the only way we found out was the man whose car she hit took estimates to our insurance agent! He called my husband asking who had a wreck! We knew I had not. I met her at the junior college that evening before her class and asked if she planned to tell us, she said when she turned in the accident report she would. I told her to be home by 9:00p.m., have the car cleaned out and bring me her keys and license. She came straight to me just before 9:00p.m. and gave me the license/keys/registration/all paperwork related to maintenance on the car and told me not to worry about transporting her around, she had screwed up and would ride her bicycle to school/work if she couln't catch a ride with a friend. She failed a class last year and still attends highschool for one class every other morning for 1.5 hours, and is able to take a full load at the junior college here. She works almost full time at a very nice Deli makes over $6.00 and hour plus very good tips/gets paid every 2 weeks/I take $200.00 and move it to an account she doesn't have access to leaving her approx. $125.00 for two weeks of expenses/gas/etc. Insurance payments and college expenses come out of the money I have set aside for her from her pay checks. Now my questions are: Can we be held responsible for ANY of the expenses related to the accidents? She is 18 but is finally living with a family after 15 years in foster care. Is immature for her age in some areas and very mature in other areas. Has not missed a day of school/college/work since moving in with us in Sept 99. She gave me her license, can I keep it from her? The person I needed to talk with at Mississippi Highway Patrol is on vacation. But, several people at MHP I did talk to indicated her license could be pulled by MHP if I requested it. However, once they are 17 kids can get their license if they want to without the parents being able to do anything about it. So far things are okay, although it hasn't been quite 48 hours yet. What are my liabilities in this issue? Can we be held responsible for the accident expenses because she is our dependent? From a parents stand point I know I did what I was suppose to do before she killed someone or herself. However, I need to know if I can enforce it without major problems. My husband and I have told her if she lives in our house she will abide by our rules. That applies to anyone that lives with us. Oh, starting January 1, 2001 insurance becomes mandatory in Mississippi and the agent had already to us last week if the rearended accident goes to court OR if she has another wreck her insurance would be canceled. Where do we stand legally.

Thanks,
Cheryl Grogan
 


I AM ALWAYS LIABLE

Senior Member
My response:

She is no longer your legal dependant - unless she's a full time college student. Be that as it may, she's also an adult, and you no longer are responsible for her adult actions. All of her accidents occurred when she was an adult, and you are not responsible for those accidents because of that fact. If she was a minor at the time, that would be another story.

You are going to be paying higher insurance premiums while she's living with you, if you haven't already discovered that fact. As long as she has the availability of a car - - your car - - your rates will rise, just because she's living with you.

IAAL
 
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Cheryl Grogan

Guest
Am I liable for my daughters accidents....

Thank you for the fast response. She is a full time student. All of the accidents occured when she was already 18. And the wonderful part is, she does NOT have access to our vehicles. She was not a rider on our insurance once we signed papers for her a separate policy. And if she continues to NOT drive everybody on the road should be safe at least from her! I just need to decide whether to make her sell the car and have her license pulled by MHP.
Thanks,
Cheryl
 

I AM ALWAYS LIABLE

Senior Member
Re: Am I liable for my daughters accidents....

Cheryl Grogan said:
Thank you for the fast response. She is a full time student. All of the accidents occured when she was already 18. And the wonderful part is, she does NOT have access to our vehicles. She was not a rider on our insurance once we signed papers for her a separate policy. And if she continues to NOT drive everybody on the road should be safe at least from her! I just need to decide whether to make her sell the car and have her license pulled by MHP.
Thanks,
Cheryl
My response:

That decision should be a "no-brainer". Of course have her license yanked and sell the car. What good is it when she can't drive, and has no acuity for driving? You daughter, sad to say, is a menace. But then, you already knew that.

Thank you for helping to keep our roadways safe.

IAAL
 

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