son 19 stole my car wreaked no ins am I responsible

[debdoll]

What is the name of your state? California My 19 yr old son took the keys out of my room while I was sleeping and wreaked into 2 simi-trucks. Truck company sent investigator Son admitted all. Car had no insurance and had not been registered to me yet. Son went to jail for auto theft of another car 2 weeks after accident. Am I responsible?

 

[KCMR]

he's 19...and it was a stolen car.

 

[enjay]

Have you pressed charges against your son for stealing your car? Was he charged at all for that particular theft?

 

[debdoll]

car accident

No I did not call the police, they were called to the scene of accident my son was taken to the hospital. I picked him up there. He was sent a ticket in the mail for wreakless driving and under the influence. 2 weeks later he stole another car and was arrested for felony sentenced to 8 months in jail. He told the investigator he took the car without permission. for he has no license.

 

[JETX]

You have no legal responsibility for the damage that he caused in his unauthorized use of the car. This is due to his being a legal adult at the time of his actions.

Also, there is the open issue of ownership of the car (your post said, the car "had not been registered to me yet.")

However, you should be prepared to be named in the very likely chance that he will be sued by the other party and/or their insurance carrier. The problem that you will have is in trying to defend against the assumption that he had your permission at the time.

 

[I AM ALWAYS LIABLE]

"However, you should be prepared to be named in the very likely chance that he will be sued by the other party and/or their insurance carrier. The problem that you will have is in trying to defend against the assumption that he had your permission at the time."

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My response:

Excellent answer, Steve. You are absolutely correct. She knew her son was unlicensed, and knew her son was a criminal. Although she was "asleep", she made her keys readily available for her son to take. Knowing the facts as she did, she had a duty to keep those keys away from him and, by making the keys available, she gave him "implied" permission to use the car.

Similarly, "special circumstances" may exist when an ordinary vehicle is carelessly made available to a person incompetent to drive. [Richards v. Stanley, supra, 43 Cal.2d at 66, 271 P.2d at 27 (dictum)--suggesting owner might be liable for leaving keys in unattended car in front of school where owner might "reasonable expect irresponsible children to tamper with it" [Murray v. Wright (1958) 166 Cal.App.2d 589, 333 P.2d 111]

She's on the hook - - big time.

IAAL

 

[KCMR]

IAAL... I thought you were going to tell her to buy two tickets to Brazil.

 

[debdoll]

son 19 stole car

How can I be liable? He did take the keys from my room when I was sleeping. To assume I allowed him to take them just because they were not hidden is unrealistic. There was no place in my house my son could not get into if he wanted. At that time on several occasions he did not make curfew so I locked up the house, just to find him sleeping on the couch the next morning. I still don't know how he was getting in. Also when the insurance adjustor asked him if he had permission to drive the car he said no. Then asked how did you get the keys my sons reply was "I don't need keys" but I got them out of her room in the desk.

So how did I allow him access to the car or keys? Did I know he was a criminal? I was hoping he would straighten up. Did I think he would ever steal from me? Never. Why would it not be the dangerous drivers responsibility instead of the innocent car owner?

 

[I AM ALWAYS LIABLE]

Re: son 19 stole car

How can I be liable? He did take the keys from my room when I was sleeping. To assume I allowed him to take them just because they were not hidden is unrealistic. There was no place in my house my son could not get into if he wanted. At that time on several occasions he did not make curfew so I locked up the house, just to find him sleeping on the couch the next morning. I still don't know how he was getting in. Also when the insurance adjustor asked him if he had permission to drive the car he said no. Then asked how did you get the keys my sons reply was "I don't need keys" but I got them out of her room in the desk.

So how did I allow him access to the car or keys? Did I know he was a criminal? I was hoping he would straighten up. Did I think he would ever steal from me? Never. Why would it not be the dangerous drivers responsibility instead of the innocent car owner?

My response:

Your arguments and excuses have been used since 1958 to the present time. They didn't work then, and they won't work now. That's the law in California. Think about it . . . why do you think the adjuster asked if he had "permission"? It's because the adjuster knows the law, and the adjuster will pass that information to the attorney.

You had a duty to hide the keys. You made them available to him, whether you like it or not. By making them available, you gave him "implied" permission to use the keys and car. Do you understand the word "implied"?

If he had hot-wired your car, that would have been a different story. But, that's not the case.

IAAL