• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Unauthorized, unlicensed daughter wrecked my car

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

ecmst12

Senior Member
Consulting a lawyer is not a bad idea here, but even with the key being in a safe, she still managed to get access to it and was unsupervised long enough for her to take 3 other kids on a joyride that could have killed all of them. If they can get the damage to the innocent parties covered by insurance, that's the best situation for everyone, really, including the innocent people that OP's kid hit. Even if OP might be found not liable in a suit, he's still going to get named, and with no insurance coverage, he'll be out of pocket for his legal expenses.
 


but even with the key being in a safe, she still managed to get access to it and was unsupervised long enough for her to take 3 other kids on a joyride that could have killed all of them.
Irrelevant. The law does not require that a parent physically hide car keys such that it is impossible for a 14 year old to find them, nor does the law require that a parent watch over a 14 year old every moment such that there would be no time for an unsupervised joyride.

If they can get the damage to the innocent parties covered by insurance, that's the best situation for everyone, really, including the innocent people that OP's kid hit. Even if OP might be found not liable in a suit, he's still going to get named, and with no insurance coverage, he'll be out of pocket for his legal expenses.
What if the insurance doesn't cover unlicensed drivers? What if the insurance doesn't cover all of the damages/injuries? What if there are potential criminal charges for knowingly allowing a 14 year old to drive a car? What if knowingly allowing a 14 year old to drive a car is grossly negligent and reckless rather than just negligent? What if there are claims of insurance fraud? What if the OP is put on the witness stand and asked about giving permission to his daughter to drive the car?

I don't think you've thought this through very thoroughly. There is very little upside to lying about giving the daughter permission to drive the car, and there are many potential downsides. What's the downside of sticking with the truth? That he may have to pay for a lawyer out of pocket. I'd take that chance any day of the week over the risks that you suggest.
 

You Are Guilty

Senior Member
I'm curious as to how much coverage there is under the policy, and what the damages to the other vehicles/people were as well. (Incidentally, is there an umbrella policy in play too?)

Anyway, Cameron raises an important point. Without reading the specific language of what is covered and what is excluded under the OP's insurance, there's really no way to know for sure which is the more prudent path to take here.
 

OHRoadwarrior

Senior Member
Carefully read your policy. Your daughter is likely excluded under 2 clauses. Unlicensed driver and unlisted household member. As she stole the car, the policy may obligate them to defend you and pay via underinsured/uninsured coverage.
 

ecmst12

Senior Member
Please don't say anything if you don't know what you are talking about. OP's policy will cover under liability or not at all. It is not going to pay an uninsured motorist claim to someone else, that's not how that coverage works.

And a remarkable number of policies do not actually have any exclusions for unlicensed drivers.

And, only licensed drivers in the household are required to be listed, so the daughter was NOT required to be listed on the policy.
 

Zigner

Senior Member, Non-Attorney
Yeah, juvenile authorities took care of most of that when she appeared in court the day after the accident. 28 days in the detention center, electronic monitoring for the next 2 years, 80 hours of community service, cannot associate with a certain group of friends, etc... Unfortunately they set the disposition on all 3 charges at the same time, if we file to withdraw we have to go through it all again and there is a chance (I hope remote) that she gets out of some of that or worse that they could deny the request to withdraw the charges. Nothing I have done over the last 6 months has fazed her, somebody or something needs to get her attention before she gets hurt or worse hurts somebody else. My wife and I were hoping this might be the catalyst to get her back on track.

Thanks for your thoughts, it's much appreciated.
This is important and I think it may have been overlooked by other posters.

The matter has already been adjudicated. You can't "withdraw" anything at this point.
 

LdiJ

Senior Member
This is important and I think it may have been overlooked by other posters.

The matter has already been adjudicated. You can't "withdraw" anything at this point.
I also think that the potential liability in this case is high enough, and the possibility of making a mistake great enough, that this poster really should not be relying on advice from an internet forum, but should consult a local attorney. I see major risks here and I do not believe that its in this poster's best interest to be taking advice from us, no matter how knowledgeable some of the posters here may be on the subject.
 

Zigner

Senior Member, Non-Attorney
I also think that the potential liability in this case is high enough, and the possibility of making a mistake great enough, that this poster really should not be relying on advice from an internet forum, but should consult a local attorney. I see major risks here and I do not believe that its in this poster's best interest to be taking advice from us, no matter how knowledgeable some of the posters here may be on the subject.
Fair enough - but I will say that our OP waited until the hole was pretty deep before seeking assistance. I hope it can be resolved in a fair and appropriate way for EVERYBODY.
 

davew128

Senior Member
Consulting a lawyer is not a bad idea here, but even with the key being in a safe, she still managed to get access to it and was unsupervised long enough for her to take 3 other kids on a joyride that could have killed all of them.
The problem with this line of thinking is that there is no way that a parent would not be held responsible. What happens if at 2am when the parent is sleeping that the child takes the keys from wherever they are and takes the car? At some point, you can't look at a parent for being negligent and blame (morally if not legally) falls on the teenager.
 

boomer4d

Junior Member
Sorry I havent been back before now. It's been a busy day talking lawyers and the DAs office. I greatly appreciate everyones input so far!

Here's where I am currently along with a couple of comments of my own to address some of the questions that have been asked in this thread.


  • I have a meeting with an attorney in the morning at which time we are going to call my insurance adjustor. My attorney (someone I have used for other things before) seems to think that I may be on point with my suspicions of my insurance company. He is doing some research tonight and will have a plan for a way forward when we meet in the morning.

  • Insurance is pushing very, VERY hard for me to withdraw the charges as quickly as possible. Very aggressive stance by them.

  • I spoke with the DAs office who said because this is a juvenile case I do have 14 days (7 left) to appeal the disposition. If I file an appeal this will be heard by a sitting justice as opposed to a juvenile court referee (not sure about other states but that is what they do here in Alabama).

  • I spoke with my daughters attorney and she is sympathetic to my situation but cannot advise as her advice may possibly adversely affect her client (my daughter). If we file the appeal and it is granted they will re-adjudicate her on the two felony counts of leaving the scene (which she now claims she did because she was going to get help) which may result in a longer sentence.

  • Damage estimate to my car is $8k. Appraiser valued the car at $11,500 and according to her claims my insurance company told her that damage would have to be 85% of the value before it was totaled, she said she thought Alabama law said 75%, insurance adjustor told me 67% and my attorney said he thought state law says 70%. Too confusing!

  • I have not seen a damage estimate on the other parties vehicle but if mine was 8 theres is likely close to the same and maybe a little higher. Most of the damage to my car was in the front end and suspension. The damage to their car is very likely going to be mostly front quarter panel and suspension.

  • Accident occured last Wednesday while I was out of town on business. I got back late Thursday night and have been running this all down since then

  • Daughter was adjudicated and placed in the custody of the county juvenile authorities Thursday morning. If we had not done it then they were going to send her home and get her into court at a later date. Uh**************...no. I would rather be running around now than having to worry about what her next stupid stunt was going to be.

My coverage is as follows:

Protection for my liability to others
Bodily injury $50000/$100000 perperson, per accident
Property damage liability $50000 per accident

Protection for me, my passengers and my property
Uninsured motorist $25000/$50000 per person, per accident

According to my attorney (and this is based on a short conversation) unless I was to go to a trial and be found to have been "willfully negligent" (I believe that was the term) in order to be held accountable for my daughters actions. According to Alabama state law a parent is liable for the acts of his or her minor child under the age of 18 for the intentional, willful or malicious injury or destruction to real or personal property up to a maximum of $1500.00.

With regards to punitive damages under Alabamas Uninsured Motorist Statute the recovery of punitive damages is permitted but any standard liability coverage that excludes coverage for punitive damages would violate the Uninsured Motorist Act.

Nice PDF from the Harmonie Group that documents the uto laws for all 50 states to some degree state by state.

http://www.harmonie.org/user_documents/Harmonie%20Auto%20Law%20Compendium%20(Nov%202009).pdf

Thanks again to everyone for their thoughts and opinions.
 

boomer4d

Junior Member
You don't have collision coverage?
Yes, actual cash value minus $500

Sorry about that was up late and tired.

Talked to the attorney this morning and he will be talking to the insurance company. His satnce is that under Alabama law I can only be held liable for up to $1000 of damages, punitive or otherwise, related to my daughters actions. The only way I could be held for responsible for more than that would be if I was found to be willfully negligent and he said he doesn't see that applying here given that the key my daughter used was locked in a safe when I left home for my business trip. He did say that if my daughter had told me she was going to drive the car and I said "ok, whatever" then I would be liable big time but I did not

The issue regarding a lack of supervision is pretty much a non-issue. I was traveling on business and my wife was at work and our daughter was suspended from school. Not like we had gone out of town or something and left her unsupervised for several days. The opinion was that any expectation of watching a 14 year old 24/7 is unrealistic.
 

boomer4d

Junior Member
she has been in so much trouble and told so many lies over the last six months that I do not trust her about anything.

Trying to get her some help but it's been difficult.
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top