four wheeler damage

What is the name of your state? ga. My 16 year old daughter was hired to house sit a persons home while she was in the hospital. The home owner gave my daughter the keys to the four wheeler and offered to buy gas. She her and her friends to go have fun and enjoy the four wheeler while she was gone. One of the friends, that had premmission from the homeowner ,wrecked and did $1900.00 worth of damage. The girl that wrecked was only 15. The mother also gave the kid premmission to ride. Now, I am being sued for the damages from the wreck. I don't think I am liable since the homeowner and the mother gave the kid premmission to ride.

ajumpit said:

What is the name of your state? ga. My 16 year old daughter was hired to house sit a persons home while she was in the hospital. The home owner gave my daughter the keys to the four wheeler and offered to buy gas. She her and her friends to go have fun and enjoy the four wheeler while she was gone. One of the friends, that had premmission from the homeowner ,wrecked and did $1900.00 worth of damage. The girl that wrecked was only 15. The mother also gave the kid premmission to ride. Now, I am being sued for the damages from the wreck. I don't think I am liable since the homeowner and the mother gave the kid premmission to ride.

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My response:

Okay. I'm glad you came to that conclusion concerning "premmission".

IAAL

ajumpit said:

What is the name of your state? ga. My 16 year old daughter was hired to house sit a persons home while she was in the hospital. The home owner gave my daughter the keys to the four wheeler and offered to buy gas. She her and her friends to go have fun and enjoy the four wheeler while she was gone. One of the friends, that had premmission from the homeowner ,wrecked and did $1900.00 worth of damage. The girl that wrecked was only 15. The mother also gave the kid premmission to ride. Now, I am being sued for the damages from the wreck. I don't think I am liable since the homeowner and the mother gave the kid premmission to ride.

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Your story has all sorts of holes in it. Who was driving the vehicle and who is doing the suing? Who or what was damaged? How many friends were involved in this giant fiasco?

blameshifting said:

Your story has all sorts of holes in it. Who was driving the vehicle and who is doing the suing? Who or what was damaged? How many friends were involved in this giant fiasco?

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My response:

It doesn't matter. Our writer has already concluded "I don't think I am liable since the homeowner and the mother gave the kid premmission to ride", without a legal question, and based soley on his/her own legal expertise.

IAAL

The homeowner is sueing me, the mother of the 16 year old that was house sitting. My daughters friend, wrecked. The damage was $1900.00. The friend, that actually wrecked and did the damage, mother has told the homeowner a sad story about how broke she is and all that. So, the homeowner is sueing me, the house sitters mother, for the damages. Where I don't feel that I am responsible is because the homeowner and the mother both gave the friend premission. The kid that wrecked is also 15. You need to be 16 to drive. Once again, the homeowner, before she left, gave premission to all the kids. Face to face.

ajumpit said:

The homeowner is sueing me, the mother of the 16 year old that was house sitting. My daughters friend, wrecked. The damage was $1900.00. The friend, that actually wrecked and did the damage, mother has told the homeowner a sad story about how broke she is and all that. So, the homeowner is sueing me, the house sitters mother, for the damages. Where I don't feel that I am responsible is because the homeowner and the mother both gave the friend premission. The kid that wrecked is also 15. You need to be 16 to drive. Once again, the homeowner, before she left, gave premission to all the kids. Face to face.

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My response:

There's that "word" again - - "premission". Isn't that something Astronauts do before they blast off?

Why aren't you turning the lawsuit over to your homeowner's insurance company? They owe you an attorney to defend you, at no cost to you (you're paying for that in your premiums).

IAAL

The wreck was not on my property. It was on the property of the lady my daughter was house sitting. It was her four wheeler.

Who is legally responsible?

ajumpit said:

Who is legally responsible?

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Although we still only have about half the story I'd guess, I'm having a premission that your daughter is, which, in turn, means you are. Of course, you already decided you weren't, so I don't really even know why I'm writing this.

ajumpit said:

The wreck was not on my property. It was on the property of the lady my daughter was house sitting. It was her four wheeler.

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My response:

Oh, geez, lady. It doesn't matter that the wreck occurred somewhere else. Damage does not have to occur on YOUR property in order for you to be covered. Call your homeowner's insurance company.

IAAL

I'm confussed. Apperently, I didn't approach this in the correct manner. Where are the holes. Daughter house sitting. Home owner lets kids ride her four wheeler while she is in the hospital. Friend wrecks causing $1900.00 damage. Friend had premission from homeowner to ride. 16 year old house sitter being sued form damages done to four wheeler. Who is liable? Homeowner, mother of house sitter, or the mother of the kid that actually wrecker the machine. Better Huh.

ajumpit said:

I'm confussed. Apperently, I didn't approach this in the correct manner. Where are the holes. Daughter house sitting. Home owner lets kids ride her four wheeler while she is in the hospital. Friend wrecks causing $1900.00 damage. Friend had premission from homeowner to ride. 16 year old house sitter being sued form damages done to four wheeler. Who is liable? Homeowner, mother of house sitter, or the mother of the kid that actually wrecker the machine. Better Huh.

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My response:

You're not the one liable; just your daughter. She's the one who gave permission to her friend to ride. Contention #ONE: Your daughter cannot PROVE that the homeowner gave permission -- especially since she was in the hospital thinking of more important things.

Contention #TWO: The "friend", if you can prove it that she was the one driving the four-wheeler, is also liable for the damages due to her own negligence; i.e., both girls are liable.

I'm thinking that you'll have an extremely difficult time, if not impossible time, of proving either of those contentions in the face of the homeowner's denial, and the friend's denial that she was driving.

However, you're not "personally" liable for the negligence of your daughter. You'd only be liable if what your daughter did was "malicious" - - which this is not. If the homeowner has named you in the lawsuit, then you'll eventually be dismissed out.

So, turn the matter over to your homeowner's insurance company!

IAAL

The friend admitted driving. she had injurys. The friends mother poor mouthed ( that is a southern thing) the homeowner so, the homeowner came after me. There were three kids in the house the day the homeowner gave them the keys and gas money. The homeowner told me she gave them premission to ride her four wheeler. How can my homeowners be involved when it wasn't on my property, wasn't my four wheeler, and my daughter wasn't driving? Wouldn't the kid that wrecked the four wheeler homeowners be the one to contact? or the homowner's insurance. Why me?

ajumpit said:

The friend admitted driving. she had injurys. The friends mother poor mouthed ( that is a southern thing) the homeowner so, the homeowner came after me. There were three kids in the house the day the homeowner gave them the keys and gas money. The homeowner told me she gave them premission to ride her four wheeler. How can my homeowners be involved when it wasn't on my property, wasn't my four wheeler, and my daughter wasn't driving? Wouldn't the kid that wrecked the four wheeler homeowners be the one to contact? or the homowner's insurance. Why me?

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My response:

Good luck. I've said all I'm going to say to help you. Take my advice, or don't.

IAAL

Take the advice to contact your home owner's insurance company. They'll be happy to explain why you are or are not covered for this particular claim.

The word is "permission".

Generally, homeowners liability insurance protects you and other members of your household, including your pets, from accidental bodily injury or property damage for which you are held liable.

That the accident didn't occur on your property is irrelevant, that it wasn't your ATV is irrelevant. That your daughter wasn't driving is irrelevant, that she is being accused of being liable for property damage IS relevant.

Perhaps the ATV owner realized that trying to collect damages from the 15yr old driver would lead to a countersuit by the mother of the 15 yr old accusing the ATV owner of irresponsibly giving permission to her daughter to drive a dangerous ATV. Unless the real story is that your daughter and her friends decided to have a little fun on the ATV without really getting permission to ride it.

But let your insurance company sort it out.