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Under age daughter in MVA with no DL

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OHNnurse

Junior Member
What is the name of your state? TN

My 2 daughters (age 18 and 17) were in a parking lot with several friends. The 17 yo was sitting in the 18 yo car listening to the radio. An 18 yo boy jumps on the back of the car and asked 17 yo to drive. She does, he falls off and is injured. The car and insurance are in my 18 yo daughter's name. 17 yo daughter does not have a DL. My questions.....Will my 18 yo daughter's insurance be responsible? Will my 18 yo be responsible? Is the injured at fault at all? Does age matter? And finally, does it matter that my daughter was driving in a parking lot without a license instead of on the road?

Thanks for any help.
 


stephenk

Senior Member
OHNnurse said:
What is the name of your state? TN

My 2 daughters (age 18 and 17) were in a parking lot with several friends. The 17 yo was sitting in the 18 yo car listening to the radio. An 18 yo boy jumps on the back of the car and asked 17 yo to drive. She does, he falls off and is injured. The car and insurance are in my 18 yo daughter's name. 17 yo daughter does not have a DL. My questions.....Will my 18 yo daughter's insurance be responsible? Will my 18 yo be responsible? Is the injured at fault at all? Does age matter? And finally, does it matter that my daughter was driving in a parking lot without a license instead of on the road?

Thanks for any help.

Yes;
Yes, only as the owner of the car;
Yes;
No;
No.
 

JETX

Senior Member
OHNnurse said:
Will my 18 yo daughter's insurance be responsible?
No. Problem is.... she gave permission to an unlicensed and uninsured driver to drive her carm her insurance will likely deny coverage.

Will my 18 yo be responsible?
Probably... since she allowed an uninsured and inlicensed driver.

Is the injured at fault at all?
Possibly. Depends on the SPECIFICS of how your daughter decided to drive with the idiot 'hood surfing'.

Does age matter?
Not really.

And finally, does it matter that my daughter was driving in a parking lot without a license instead of on the road?
Only as to the criminal issue of driving without a license.
 

OHNnurse

Junior Member
I am sorry I don't know how to put the "Quote" in a box. I hope you can understand what I am trying to ask.

OHNnurse:
Will my 18 yo daughter's insurance be responsible?

JETX:
No. Problem is.... she gave permission to an unlicensed and uninsured driver to drive her carm her insurance will likely deny coverage.

My oldest daughter did not let her drive. She gave her the keys to start the car because she was sitting in it and was cold. She asked for the keys. THe oldest daughter did not think she would drive it. Her mistake was giving her the keys in the first place!

OHNnurse
Is the injured at fault at all?
JETX
Possibly. Depends on the SPECIFICS of how your daughter decided to drive with the idiot 'hood surfing'.

The 19 yo boy pushed the car when she had it out of gear to run the heat and when it started to roll he jumped on. She hit the brakes and he told her to drive. She did. It was stupid for both of them to do but they are teenagers. I wish I knew why teenagers do stupid things. If I figured that one out I would be rich and Famous!

What criminal charges can be brought against my daugther besides driving without a license? What about reakless endangerment or something like that? The guy was injured and is in the hospital. I am waiting to hear from him/his parents any day. Could his parents file a cival suit even though he is over 18? I really have to many questions. I do appreciate your help.


Thanks for the information. I am trying to find a good attorney. I am afraid we are going to need one!
 

JETX

Senior Member
OHNnurse said:
My oldest daughter did not let her drive. She gave her the keys to start the car because she was sitting in it and was cold. She asked for the keys. THe oldest daughter did not think she would drive it. Her mistake was giving her the keys in the first place!
Giving her the keys, even to keep warm, is the same thing as allowing her access.... giving permission.

The 19 yo boy pushed the car when she had it out of gear to run the heat and when it started to roll he jumped on.
From your post, I assume it is a manual transmission, correct??? If so, then wouldn't the logical thing be to put the emergency brake on if you are going to start it and put it in neutral??
He 'jumped on' what???


She hit the brakes and he told her to drive. She did.
And that is her fault. She should have simply said, NO.

What criminal charges can be brought against my daugther besides driving without a license? What about reakless endangerment or something like that?
Yep, that is one.

The guy was injured and is in the hospital. I am waiting to hear from him/his parents any day.
Oh, oh!!! Can you say BIG lawsuit???

Could his parents file a cival suit even though he is over 18?
There are situations where his parents could be a party to the suit, but more than likely, any suit will be by him and/or his insurance company (to recover THEIR losses).
 

LdiJ

Senior Member
For the benefits of others who may read this thread......

There is a type of general personal liability coverage that can be purchased, that more or less is a "blanket" liability policy, similar to what businesses purchase. It can be a very wise investment for people with teenagers.

My father (a now retired insurance agent, not retired at the time) insisted that I purchase that type of policy when I installed an above ground pool at my home. I paid, and continue to pay, less than 20.00 a month for 1,000,000 of coverage. I am protected against virtually ANY type of liability, for virtually anything.

The odds of my ever needing the coverage are slim...but its a worthwhile investment.
 

OHNnurse

Junior Member
I do appreciate your honesty JETX. Are you an attorney? I am only asking because I do not know if you are giving me true legal opinion or if you are someone who likes to give his/her opinion. You do seem a little cynical at times!

She is a teenager! Remember those years when you did not think about things? When nothing can happen to you? Teenagers do not think logically.

You said Jumped on what. I thought that was pretty clear...he jumped on the car.

Thanks for all of the information. I have some calls into some attorneys but I do appreciate the information.
 

OHNnurse

Junior Member
LdiJ said:
For the benefits of others who may read this thread......

There is a type of general personal liability coverage that can be purchased, that more or less is a "blanket" liability policy, similar to what businesses purchase. It can be a very wise investment for people with teenagers.

My father (a now retired insurance agent, not retired at the time) insisted that I purchase that type of policy when I installed an above ground pool at my home. I paid, and continue to pay, less than 20.00 a month for 1,000,000 of coverage. I am protected against virtually ANY type of liability, for virtually anything.

The odds of my ever needing the coverage are slim...but its a worthwhile investment.
Is this with a homeowner's policy? Someone told me that sometimes there is a liability clause in homeowner's insurance that can protect you in these types of cases.

I wish I had known about this before!

Thanks for the information!
 

OHNnurse

Junior Member
fast said:
what part of the car did he jump on?

hood, front bumper, back bumper, passenger seat, drivers door?

anyhow, I presume that to be the question.

does it matter?

i aint know
If you read the original question you would know he jumped on the back of the car. He jumped on the bumper and held on to the back windows. It is a small car. I really don't think it matters what part of the car he jumped on. He was on the outside.
 

JETX

Senior Member
OHNnurse said:
I really don't think it matters what part of the car he jumped on. He was on the outside.
See, there you go.... it DOES matter. Because we have to know if the idiot was holding a gun or knife to the stupid ignorant driver and able to FORCE her to drive.... or whether it was her own stupidity and negligence.
 

OHNnurse

Junior Member
JETX said:
See, there you go.... it DOES matter. Because we have to know if the idiot was holding a gun or knife to the stupid ignorant driver and able to FORCE her to drive.... or whether it was her own stupidity and negligence.
I really think that was uncalled for. :( If you had read the original post you would have known what part of the car he jumped on. I stated that he jumped on the back of the car in that post. I did not know I had to re-tell the story everytime I sent a post.

She is a teenager. She is not stupid or ignorant. You were a teenager at one time and I am sure that you did some things that did not seem smart to adults but that does not make you stupid or ignorant. You were a teenager now because you really sound like one. You obviously are very immature and have definite self-esteem issues! Every time I see one of your posts you are demeaning and putting someone down. Try to lift yourself up instead of putting others down and being so judgmental. If you want to be a successful attorney some day, you will have to work on these things.

Please don't answer any more of my post if you are going to be rude and disrespectfully. I don't want YOUR advice.

Thanks to everyone else for the information.
 
R

Raisinette

Guest
She is a teenager. She is not stupid or ignorant. You were a teenager at one time and I am sure that you did some things that did not seem smart to adults but that does not make you stupid or ignorant.
She is a teenager. She is irresponsible. It is a huge job to teach & to learn responsibility. This is more important than "self-esteem." Real self-esteem will come from learning to be responsible. This is where, from my reading, she will need your very most serious help, not in excusing her because of her age.

Actions have consequences. Even quick, stupid actions can have serious, expensive consequences. Responsibility in rising to and dealing with them is half the battle.

With all due respect.
 

JETX

Senior Member
OHNnurse said:
If you had read the original post you would have known what part of the car he jumped on. I stated that he jumped on the back of the car in that post.
Okay, I can see where the daughter 'gets it'. We have no idea what kind of vehicle this is. It could be a pickup truck, a van, a sedan, etc. And no one but you knows what you mean when you say the 'back of the car'. He could have jumped onto the bumper, the trunk, or if a pickup, onto a tailgate or running board. All of those are 'backs' of the car (and yes, a pickup is a 'car', in the generic sense).

I did not know I had to re-tell the story everytime I sent a post.
Give me a break. No one has asked you to 'retell' your story!! We have however, asked that you provide sufficient details so that we don't waste OUR time responding to 'imaginary scenarios'.

She is a teenager. She is not stupid or ignorant. You were a teenager at one time and I am sure that you did some things that did not seem smart to adults but that does not make you stupid or ignorant.
I can safely say that I NEVER, EVER was so ignorant as to drive off with someone 'car surfing' on the trunk.

You were a teenager now because you really sound like one.
HUH??? 'Were' is past tense and then you say 'now'??? Okay, I get it... YOU were the teenage driver and had too much guilt to admit it... and decided to post as an adult, right???

You obviously are very immature and have definite self-esteem issues!
I would strongly suggest you reconsider your career if you plan on being a nurse someday. Your 'sense of logic' simply isn't there.

Bottom line... you are clearly an ignorant little snot-nosed spoiled brat who now realizes that what you did was stupid. Problem is... stupidity is not an excuse. You need to talk with your parents (remember them??) and let them know that they are probably going to be hearing from the following:
- an attorney representing the injured boy in a civil action against them.
- The police, investigating a case of assault and possibly ADW against you.
- An attorney from the insurance company trying to recover the damages (costs that they pay) due to you stupidity.
All in all.... not going to be a really good day, or year, for you.
 

rmet4nzkx

Senior Member
OHNnurse said:
What is the name of your state? TN

My 2 daughters (age 18 and 17) were in a parking lot with several friends. The 17 yo was sitting in the 18 yo car listening to the radio. An 18 yo boy jumps on the back of the car and asked 17 yo to drive. She does, he falls off and is injured.
Yes you did tell us in the beging that he jumped on the back of the car and he asked your 17 yo daughter to drive and she did. There was no threat which could be a defense. It sounds like they are playing around and there is more to the story and you are only getting a part of it. It is possible that he will be held liable for a part of the injuries because no one forced him to climb on the car in the first place, there are other defenses, but it may be best to wait to see what they decide to do. They may do nothing if he is considered at fault also. Also the fact that he is 18 and she 17 may come into play.
 

Shay-Pari'e

Senior Member
OHNnurse said:
I really think that was uncalled for. :( If you had read the original post you would have known what part of the car he jumped on. I stated that he jumped on the back of the car in that post. I did not know I had to re-tell the story everytime I sent a post. Yes, It does matter. Do you even understand that you are trying to say your daughter was forced to drive? JETX asked a very clear question, and yes he is a lawyer.

She is a teenager. She is not stupid or ignorant. Yes, she is.


You were a teenager at one time and I am sure that you did some things that did not seem smart to adults but that does not make you stupid or ignorant. And I'm sure that is true, however, don't you think it time for your angle daughters to take responsibility?

You were a teenager now because you really sound like one. I doubt you will get any more help with that comment. Spend big bucks so your daughters can continue being fruitcakes.


You obviously are very immature and have definite self-esteem issues! That comment was the most ammusing of all. Your girls are out, older one gives keys to younger one, kid jumps on car and say's "Drive Me". I think we can understand the maturity level of your kids and you.


Every time I see one of your posts you are demeaning and putting someone down. Try to lift yourself up instead of putting others down and being so judgmental. If you want to be a successful attorney some day, you will have to work on these things. That's funny.


Please don't answer any more of my post if you are going to be rude and disrespectfully. I don't want YOUR advice.Then leave, this is a message board.
 

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