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Son in auto accident...

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txguy72

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

My oldest son, 16, was just in an accident, it was his fault. My ex-wife was letting him drive and he does not have his driver's license. The vehicle, hers, also wasn't insured. I don't let him drive, never have. Anyhow, I'm just wondering what can be expected of this if anything. Will I have any financial responsibility in any of this or will it all be on her? What about my son? What's the worse that will happen to him? They gave him a ticket at the scene but that was it. Driving without a DL and another ticket was issued for no insurance though I'm not sure if it was given to him or his mother/step father.

Anyhow, any insight would be greatly appreciated.

Thanks,
 


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txguy72

Junior Member
Forgive my ignorance but what exactly does that mean for him? Also, not sure if it matters but his mother had actually asked him to take the vehicle to have it washed. It's my understanding they, his mother and step-father, had allowed him to drive several times in the past despite not having his DL.
 
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ecmst12

Senior Member
You COULD be named if there is a lawsuit, but you do have defenses to liability. If you get papers, inform your auto insurance company - hopefully they will defend you. If not you'll need to get your own lawyer.
 
HighwayMan

HighwayMan

Super Secret Senior Member
Just curious, why would he have any liability in this whatsoever? It's not his car nor does it appear that his son is listed on his insurance policy since he's unlicensed and doesn't drive his father's vehicle(s).
 
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txguy72

Junior Member
My wife contacted our Ins. Co. and the Ins. Co. that she uses for her business. Basically they said we shouldn't have any liability in the matter but to obtain police records and copies of the tickets issued, said they should be public record. They also recommended we talk to a lawyer just to be sure. Since they didn't have Ins. she, whomever my wife talked to, thinks the other driver's Ins. will look for a loophole to go after our Ins. My wife has a lawyer on retainer, who's also a close friend of her business partner's, that we'll talk to and get some direction. I think he mostly handles malpractice suits for hospitals and such but he should be able to point us in the right direction anyhow.

I hate that this happened. Our son has never been in trouble, he's actually a senior this year and is planning on attending a school for ministry when he graduates. He wants to be a minister like my father. At worst, for him, he can't get his DL now until he's 18. As far as I know that's the worst it will be for him. He started back to school today but is having a hard time. He was barefooted during this whole ordeal and had a panic attack when it happened. It was around 3:30 in the afternoon and when he panicked he ran around on the asphalt and blistered the bottom's of his feet. The other driver was ok, no injuries, etc. The ex-wife's van was totaled but that was it.

Anyhow, I was just wondering what I could expect. My wife and I have a 14 month old and are expecting our second next month so, hopefully you can understand my concern with this issue.

Thanks to all who replied, I really appreciate it.
 
Zigner

Zigner

Senior Member, Non-Attorney
txguy72 said:
My wife contacted our Ins. Co. and the Ins. Co. that she uses for her business. Basically they said we shouldn't have any liability in the matter but to obtain police records and copies of the tickets issued, said they should be public record. They also recommended we talk to a lawyer just to be sure. Since they didn't have Ins. she, whomever my wife talked to, thinks the other driver's Ins. will look for a loophole to go after our Ins. My wife has a lawyer on retainer, who's also a close friend of her business partner's, that we'll talk to and get some direction. I think he mostly handles malpractice suits for hospitals and such but he should be able to point us in the right direction anyhow.

I hate that this happened. Our son has never been in trouble, he's actually a senior this year and is planning on attending a school for ministry when he graduates. He wants to be a minister like my father. At worst, for him, he can't get his DL now until he's 18. As far as I know that's the worst it will be for him. He started back to school today but is having a hard time. He was barefooted during this whole ordeal and had a panic attack when it happened. It was around 3:30 in the afternoon and when he panicked he ran around on the asphalt and blistered the bottom's of his feet. The other driver was ok, no injuries, etc. The ex-wife's van was totaled but that was it.

Anyhow, I was just wondering what I could expect. My wife and I have a 14 month old and are expecting our second next month so, hopefully you can understand my concern with this issue.

Thanks to all who replied, I really appreciate it.
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I do hope you have talked to your son to reinforce the fact that a good kid who's never been in trouble before and plans on entering the ministry really shouldn't be breaking the law.
 
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txguy72

Junior Member
Zigner said:
I do hope you have talked to your son to reinforce the fact that a good kid who's never been in trouble before and plans on entering the ministry really shouldn't be breaking the law.
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I did, I discussed this with him this weekend. His mother and step father have apologized to me as well, for asking him to take van in the first place. I feel so bad for him, my son. He's such a people pleaser, especially when it comes to his mother. I'm not too angry with him. He should have known better than to drive even if his mother asked him to. His mother? That's a different story. She never should have asked him to take the vehicle to get washed knowing he didn't have his DL yet and they didn't have insurance on it. Every bit of this could have easily been avoided. Thank goodness no one got seriously injured.

I think, if he had acted on his own I would feel more responsibility for the situation but as it stands I don't. I hate that my son will have to deal with this situation but his mother is going to have to learn to make responsible decisions especially when it comes the kids. Anyhow, I don't mean to ramble on. Thanks again.
 
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ecmst12

Senior Member
No the real WORST case scenario is that not only will his license will be suspended when he gets it (he will have to take the test and pass and THEN serve the suspension) but he will also have to pay for all the damage himself. He and his mother should split it but they are both definitely liable here, if she doesn't pay he will be on the hook.
 
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txguy72

Junior Member
ecmst12 said:
No the real WORST case scenario is that not only will his license will be suspended when he gets it (he will have to take the test and pass and THEN serve the suspension) but he will also have to pay for all the damage himself. He and his mother should split it but they are both definitely liable here, if she doesn't pay he will be on the hook.
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Gotcha! Don't get me wrong, I'm not trying to defend him. What he did is wrong and he deserves what he gets. My irritation, right or wrong, is more towards her. I just know she won't be able to pay for this and just try to brush it under the rug like she does most things so he'll either be stuck with it all or I'll have to step in, assuming they don't try to come after me or my Insurance. I'm just undecided on what the right thing to do is on my end. It's something I'll have to think about and figure out.
 
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Tex Lawyer

Junior Member
Since the car was not yours, you have no liability for negligent entrustment. Your son is liable as is his mother. But if they have no insurance and no non-exempt property or assets, they are essentially judgment proof which will dissuade lawyers from taking the case.

So your ex-wife does not insure her vehicle? So she allowed an unlicensed driver to drive an uninsured vehicle? Unbelievable.
 
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