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Car crash, no insurance

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Big Dan1

Junior Member
What is the name of your state (only U.S. law)?
California

My son's friend and my son took my car that didn't have insurance and his friend driving hit another car but my car didn't have insurance, his friend said she would pay for everything, but now the other guys insurance company called me saying i owe $7000 in repairs because i am the owner of the car. And now that i call his friend to make her pay for the accident she wont answer my calls or anything is there a way on how i could make her pay for the damages? i didn't lent them the car they just took it and now i owe $7000, she has a CA drivers license.
 


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ecmst12

Senior Member
If your son gave the friend the keys, I doubt you'd be able to make a theft charge stick. You will have to pay the bill and sue the friend for recovery.

You are still going to get in trouble for not insuring your vehicle. If it's not insured you have to turn in the tags. You are looking at a one year license suspension over this.
 
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Big Dan1

Junior Member
Yea will i be able to sue his friend to make her pay for the damages?

And well the car wasn't being used for that same reason that it didn't have insurance and the tags were expired.
 
C

C Rodriguez

Junior Member
YES you can... that was clear.

Pay the money, then take it right over to civil court.

You may be able to get half from the other party, since your son was there too.
 
B

Big Dan1

Junior Member
I see it now, thanks.

Well i don't have the $7,000 in cash so it possible to make her take over the monthly payments or will i have to do the monthly payments and once im done sue her?
 
E

ecmst12

Senior Member
You can ask her to pay half the payments. If she refuses, you'll have to sue her after all the payments have been made. I would say if your son gave her the keys, he is at least half responsible for the damage, and you should make HIM pay the other half.
 
L

latigo

Senior Member
Big Dan:

Listen up, please! You are being grossly misled.

There is NO WAY that you can be held legally responsible for the damages resulting from the negligent operation of your vehicle.

NOT UNLESS the claimant can prove in court that your kid’s girlfriend was driving your car with your consent – either expressed permission or implied! Period!

It was not your negligence that caused the accident. Consequently, the only way the damages caused by the driver can be imputed or attributed to you is for you to be found vicariously responsible by virtue of the California Vehicle Code. And that requires knowledge and consent.

So I suggest that you and some of the other mistakenly informed read this particular section of your state Vehicle Code:

“17150 Every owner of a motor vehicle is liable and responsible for
death or injury to person or property resulting from a negligent or
wrongful act or omission in the operation of the motor vehicle, in
the business of the owner or otherwise, by any person using or
operating the same with the permission, express or implied, of the
owner.”[/I]

And keep in mind the claimant has the sole burden of proving that permission was given and that this statute thus applies.

It would be foolish for an owner to permit anyone to drive their vehicle knowing the possible financial exposure because it was not covered by liability insurance. The claimant is going to have a tough time getting around that reasoning.

So don’t offer one dime, stand pat, you and your kid keep quiet and let it play out as the claimant chooses.
 
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ecmst12

Senior Member
It was negligent of her not to have insurance on the vehicle. It was further negligent and illegal to not physically remove and turn in the tags (even though they were expired, still having them on the car was illegal in itself). And in CA, parents CAN in fact be held liable for the negligent actions of their children. As in, her son who gave the friend the keys.
 
justalayman

justalayman

Senior Member
latigo said:
Big Dan:

Listen up, please! You are being grossly misled.

There is NO WAY that you can be held legally responsible for the damages resulting from the negligent operation of your vehicle.

NOT UNLESS the claimant can prove in court that your kid’s girlfriend was driving your car with your consent – either expressed permission or implied! Period!

It was not your negligence that caused the accident. Consequently, the only way the damages caused by the driver can be imputed or attributed to you is for you to be found vicariously responsible by virtue of the California Vehicle Code. And that requires knowledge and consent.

So I suggest that you and some of the other mistakenly informed read this particular section of your state Vehicle Code:

“17150 Every owner of a motor vehicle is liable and responsible for
death or injury to person or property resulting from a negligent or
wrongful act or omission in the operation of the motor vehicle, in
the business of the owner or otherwise, by any person using or
operating the same with the permission, express or implied, of the
owner.”[/I]

And keep in mind the claimant has the sole burden of proving that permission was given and that this statute thus applies.

It would be foolish for an owner to permit anyone to drive their vehicle knowing the possible financial exposure because it was not covered by liability insurance. The claimant is going to have a tough time getting around that reasoning.

and what real world do you live in?. Not saying the OP did allow such a situation but it happens across the country daily
Click to expand...
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So don’t offer one dime, stand pat, you and your kid keep quiet and let it play out as the claimant chooses.
Click to expand...


has it not been held, in court even, that allowing the person access to keys does imply permission, or at least enough culpability to be held liable for the damages?
 
Zigner

Zigner

Senior Member, Non-Attorney
ecmst12 said:
It was negligent of her not to have insurance on the vehicle. It was further negligent and illegal to not physically remove and turn in the tags (even though they were expired, still having them on the car was illegal in itself). And in CA, parents CAN in fact be held liable for the negligent actions of their children. As in, her son who gave the friend the keys.
Click to expand...
We don't do that in California...
 
R

RR Rodriguez

Member
***







Well, still.. leaving the plates on the car, and not having it covered by insurance and leaving the keys wherever teenagers could get it...


Leaving the keys accessable to a person who lives with you gives the implyed consent, but the man is still firstly responsible for fixing the car, then the other childs parent(s) then the kids... (although I think the teenagers should at least be trying to pay for some of this car)
 
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Big Dan1

Junior Member
His friend and my son are both 18, so i don't think her parents will do anything about it. So pretty much i have to pay all the monthly payments and after im done with them in about 2 years then i sue her?
 
R

RR Rodriguez

Member
Big Dan1 said:
His friend and my son are both 18, so i don't think her parents will do anything about it. So pretty much i have to pay all the monthly payments and after im done with them in about 2 years then i sue her?
Click to expand...
Why are you paying the payments? why aren't you making your kid pay it?

Yea, you can sue her for all, but you might only get half. Why don't you finish the payments and sue them both.
 
E

ecmst12

Senior Member
Homeowners insurance will NOT pay for a car accident. An umbrella policy might if all other insurance policies are exhausted, but not straight up homeowners.
 
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