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  #1  
Old 08-27-2001, 12:28 PM
ksls5555
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fatal auto accident


Arizona - Friends daughter (19) was a passenger in back seat of her own car. She gave keys to another friend to drive (he is 21). Another friend was in front passenger seat (19). All had been drinking. Head on collison occured, front passenger died at
scene, driver is in coma, friends daughter is ok. We realize her insurance company will pay, but is her family or herself at all liable? What about drivers liability? Any help would be appreciated.
Thanks
  #2  
Old 08-27-2001, 01:15 PM
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Location: Los Angeles, California
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My response:

If, in fact, the girl is the actual, sole, bonifide, registered owner of the vehicle, then she is the only one liable for "negligent entrustment".

The only way someone else in her family could be liable is if that someone else was also on the vehicle ownership papers. Otherwise, and since she's an "adult" (over the age of 18), then she's the only one "on the hook".

IAAL
  #3  
Old 08-28-2001, 02:39 AM
ksls5555
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Thank you. How does the person who was driving (under the influence) factor into all this?
  #4  
Old 08-28-2001, 08:52 AM
happy&lucky
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Actually... I am suprised she has not been charged with vehicular manslaughter. She knowingly and willingly gave her keys to a car she owned to a drunk driver.
  #5  
Old 08-28-2001, 11:26 AM
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My response:

The driver's liability is "primary" in this matter; i.e., it will be his insurance company that will be paying the lion's share. If he was not insured, and assuming the girl's insurance didn't limit who could drive the car, then her insurance will pay up to her policy limits as if the driver were an insured driver under her policy.

IAAL
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