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Who is at fault?? unlicensed driver wrecks my daughters car

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bamagurl

Guest
:confused: What is the name of your state? Alabama. My daughter reluctantly let a classmate back her car out of a parking space at a convenience store. This girl whom told my daughter she was good at backing out...hit the car parked beside her, didn't even put on brakes, continued backing up pushing the other vehicle, and then backed into the car parked behind her. She damaged all three vehicles. The girl whom told my daughter she was a good driver, wasn't even licensed! The officer said the girls parents would be responsible for all damages, now they are getting an attorney. Should we get an attorney? I know my daughter shouldn't have given her the keys, but isn't the driver always responsible.
 


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I AM ALWAYS LIABLE

Senior Member
bamagurl said:
:confused: What is the name of your state? Alabama. My daughter reluctantly let a classmate back her car out of a parking space at a convenience store. This girl whom told my daughter she was good at backing out...hit the car parked beside her, didn't even put on brakes, continued backing up pushing the other vehicle, and then backed into the car parked behind her. She damaged all three vehicles. The girl whom told my daughter she was a good driver, wasn't even licensed! The officer said the girls parents would be responsible for all damages, now they are getting an attorney. Should we get an attorney? I know my daughter shouldn't have given her the keys, but isn't the driver always responsible.
Click to expand...

My response:

No, the driver "isn't always responsible". It's the driver AND your daughter. Your daughter knew that the girl was unlicensed. In any event, your daughter also had a duty to make sure the girl had a valid license before handing over the keys. It doesn't matter how "reluctantly" she was when she did so. The fact remains - - she did.

If you get an attorney, you'll be spending good money for nothing. Your insurance company will provide her a defense attorney for no extra charge, she one even become required - - if it gets beyond the claim stage. I don't see any defense to your daughter's actions.

IAAL
 
T

teflon_jones

Senior Member
your daughter gave her keys to an unlicensed driver, and that was her fault. but the other girl was actually the one driving, so that means both her AND your daughter were at fault. your insurance company's lawyers can handle this one though, it's not going to help you to get one. save your money! your insurance company has the only monetary stake in this (other than your increased rates), so they're going to fight the claim however they can to get the other girl to pay for it (or her parents).
 
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jpritchett81

Member
ahhhh the evils of peer pressure. sorry to say but your daughter had a hand in this incident as well. she shouldn't have given her friend the keys. oh well what's done is done. just make sure that you STRESS to your daughter the importance of her and her only being allowed to drive her vehicle. now what would be the reason for the driver's parents getting a lawyer? she's more at fault than anything because she actually caused the damages. :mad:

this is one of the reasons why my mother wouldn't allow me to even have a car in high school. that and i couldn't drive worth a damn :D
 
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