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ARe both parents liable for teenagers crash

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K

katem

Junior Member
What is the name of your state? CA.
While i was in Australia for 3 month my stepson in CA drove my car without my permission , and totalled it. he is in a TBS therapeutic boarding school now for another year so cannot work to pay me back. i have been back for 6 weeks and neither of his biological parents have made any effort to compensate me and are avoiding responsibility. Low value of car is 2000-2500. I have asked them for 1000 each and their son can pay them back when he leaves school. Even thought the son was under his fathers care (visiting for the weekend) when he crashed the car , can son and both parents be held liable for what their son did and how do i go about it.. Thanks.
frustrated.
 


M

moburkes

Senior Member
How old is stepson?
You are married to his father?
Who is the custodial parent?
He is a driver on who's insurance policy/policies?
Whose fault was the accident?
Was any other party involved in the accident?
 
Zigner

Zigner

Senior Member, Non-Attorney
katem said:
What is the name of your state? CA.
While i was in Australia for 3 month my stepson in CA drove my car without my permission , and totalled it. he is in a TBS therapeutic boarding school now for another year so cannot work to pay me back. i have been back for 6 weeks and neither of his biological parents have made any effort to compensate me and are avoiding responsibility. Low value of car is 2000-2500. I have asked them for 1000 each and their son can pay them back when he leaves school. Even thought the son was under his fathers care (visiting for the weekend) when he crashed the car , can son and both parents be held liable for what their son did and how do i go about it.. Thanks.
frustrated.
Click to expand...
Why would you hold them both responsible? You say he was under the father's care - why would bio-mom be responsible?
With that said, who had permission to drive the vehicle while you were away for 3 months? Dad? If so, did DAD give permission for the use of the car?
There's alot more to be told on this story...
 
K

katem

Junior Member
Custodial parent is his mother but this happened whiel he was on a break from boarding school where he will be until 18 .. father will not pay as we're not getting on. We're married.
Son had insurance issued by his mother on another car in another town.
Arent they both responsible for theri son until he turns 18?. Mothr is more likely to honor half of obligation then father is. acident ws sons fault. dui. He is 17. Father was allowed to drive my car .
Thanks.
 
E

ecmst12

Senior Member
Seems to me that since he was under his father's care, and your car was in his father's care, then his father would be the responsible parent for this accident. But if it comes to a lawsuit, I would think that you could name them both and let the court decide whether one or both are responsible.
 
Zigner

Zigner

Senior Member, Non-Attorney
katem said:
Custodial parent is his mother but this happened whiel he was on a break from boarding school where he will be until 18 .. father will not pay as we're not getting on. We're married.
Son had insurance issued by his mother on another car in another town.
Arent they both responsible for theri son until he turns 18?. Mothr is more likely to honor half of obligation then father is. acident ws sons fault. dui. He is 17. Father was allowed to drive my car .
Thanks.
Click to expand...
Your problem is going to be proving that son didn't have permission to use the vehicle. Maybe not directly from you, rather, through his father. In any case, what did the mother do wrong that would somehow make her responsible? Was the mother somehow negligent in her supervision of the son (see where I'm going with this...?)
 
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