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minor grandson driving my car

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ili

Member
What is the name of your state? Tennessee
My 17 yr. old grandson was driving my car with my permission and
another driver pulled out in front of him. The policeman spoke
like the damage was minor and mentioned the boy was a couple
months older then the female driver. My grandson assumed she
was also 17 but she is 19 and the policeman read the driver's
license wrong and thought he was also 19. Since he is a minor
do I have any rights? How do I get my car fixed since no accident
report was put out? The officer had the two parties sign a waiver.
My car was totaled and now the officer claims he must have
wrecked again going home. This is untrue. He said he was able
to get in and out of the car easily but this boy is thin and wiry. I
am 67 yrs. old and heavier.
 


JETX

Senior Member
"My 17 yr. old grandson was driving my car with my permission and another driver pulled out in front of him."
*** Okay. Does he have a license??

"The policeman spoke like the damage was minor and mentioned the boy was a couple months older then the female driver. My grandson assumed she
was also 17 but she is 19 and the policeman read the driver's license wrong and thought he was also 19."
*** Thank you for sharing that with us.

"Since he is a minor do I have any rights?"
*** No.

"How do I get my car fixed since no accident report was put out?"
*** I would start with taking the car to a repair shop and getting an estimate.

"The officer had the two parties sign a waiver."
*** Okay. Depending on what the 'waiver' consists of, the minors signature may allow him to rescind it.

"My car was totaled"
*** If your car was totaled, then why does your earlier statement ask about getting your car fixed??

"and now the officer claims he must have wrecked again going home. This is untrue. He said he was able to get in and out of the car easily but this boy is thin and wiry. I am 67 yrs. old and heavier."
*** And thank you for sharing that also. However, like the other statement, it has absolutely NO relevance to the issue.

So, lets summarize:
You let someone drive your car and they had an accident. What should you do??
Answer: If your insurance covers him while driving your car (depends on state laws), then turn this claim in to your insurance company. If your insurance does NOT cover him while driving your car, then turn the claim in on HIS insurance. And if you feel that the other driver was at fault, then file a claim against HER insurance.
Pretty simple, huh??
 

ili

Member
Yes, he has a valid drivers license. The officer looked at the date
wrong and thought he was 19. He claimed the damage was
minor so he didn't feel an accident report was necessary. I don't
want to go to the other driver or her ins. co. without an accident
report but am having trouble getting one. We have an estimate.
The estimate shows as much damage or more then the car is
worth. I don't have comprehensive ins. and my grandson and his
family don't. His dad was in a bad accident and can't work. None
of us can afford this. If I can't get some kind of a judgment we'll
try to make do. My son-in-law pulled enough out to open the
door some better. The officer pointed out the grandson opened
the door and got in and out with no trouble. This is to indicate
there wasn't much damage and therefore he must have wrecked
again on the way home. The officer said he does call parents
when its a minor but he didn't think he was a minor. As you can
see this isn't simple. I and my ins. co. have contacted the police
dept. numerous times to no avail. I feel the squeeky wheel gets
the oil so I keep trying. Hope springs eternal.....
Thanks for your input. Hope I'm clearer.
 

JETX

Senior Member
Yes, you are 'clearer', but that still doesn't help. Lets look at the issues you seem focused on:

1) The officer misread the license and thought the driver was 19.
Okay. However this is a non-issue, since there is no obligation for the officer to handle the accident any differently.
2) The officer felt that there wasn't sufficient damage to make a report.
Clearly, this one is confusing. It simply doesn't make sense for an officer to say that, and yet you believe the vehicle is totaled or damage is extensive. They officer says the door opened normally, you say that the skinny kid had to wiggle out. Simply too extreme a difference. One of the parties is clearly incorrect. Contact the police department and they will have a record of the CFS (Call for Service). Have them write a supplemental report to the CFS.
3) You say that your insurance has gotten involved. Good. Let your insurance take care of this. That is what you pay your premiums for.
 

ili

Member
The age is an issue to me. I don't think a minor can sign a waiver
of an accident report legally, especially when he is driving someone else's car. The officer told me he would have called his parents if he had realized he was a minor. The officer didn't say that the door opened and shut easily but just that the minor had no trouble getting in and out. The insurance co. is about as
frustrated as I am. They are getting no where and when I took
the waiver in they had never seen such a thing.
 

JETX

Senior Member
Okay, since you seem unable to understand the legally correct response provided here, go to a local attorney and have him/her review the issues.
 

ili

Member
Going to an attorney seems a simple solution but I have no money to spare. I don't understand why I can't do anything.
Thanks for your input, however.
 

JETX

Senior Member
"I don't understand why I can't do anything."
*** Okay, lets try this a different way....
I've alread given you the possible options:
"If your insurance covers him while driving your car (depends on state laws), then turn this claim in to your insurance company. If your insurance does NOT cover him while driving your car, then turn the claim in on HIS insurance. And if you feel that the other driver was at fault, then file a claim against HER insurance."

So, what EXACTLY is it that you want to do???
 

ili

Member
Again: We only have liability so our insurance doesn't cover our
car. Same with our grandson's ins. They have no income at
present since his dad was in a bad wreck. We cannot turn it
into the girl's ins. co. because we have no accident report since
the waiver of an accident report was all the officer filled out. I
just thought somehow we could get a report since the grandson
is a minor.
 

JETX

Senior Member
"We cannot turn it into the girl's ins. co. because we have no accident report since
the waiver of an accident report was all the officer filled out."
** Who says you can't file on her insurance?? Exactly what does this 'waiver' say??? Since this is YOUR car, your grandson signing the waiver may limit HIS claims against the other driver (but probably not), but would have NO restriction on you (owner).
I would suggest that you go ahead and file on her insurance and fight your battle with them.
 

ili

Member
Hooray! I went over the officer's head and we will get an accident
report tomorrow. He is still claiming the grandson said he was
19 and the date was smudged on his license but it could have
been checked out easily. He also still claims he wrecked again
going home because there wasn't that much damage after the
wreck he investigated. Its our word against his but if we get
some compensation its better then none.
 

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