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Am I or my son liable?

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RRusso1957

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

Here is my situation. I have 2 sons, Rob, who is 26, and Chris, who is 14. Last Friday, Chris had 2 of his friends sleeping over. Justin, 15, and Nick, 13. Justin and Nick are brothers and they live a block away. Rob had a Mustang, and it was parked in the driveway. At about 2 AM, Justin and Nick had the great idea to take the Mustang for a joyride. They talked Chris into it. Chris snagged the extra key from the drawer in the kitchen and they snuck out while my wife and I and Rob were asleep. They took the car and Chris drove and then pulled over and let Justin drive. After a few minutes, Chris had to relieve himself and Justin stopped and Chris got out. A Highway Patrol officer pulled up while Chris was urinating. Justin and Nick took off while Chris was still standing there. They led the officer on a chase for a mile and then lost control of the car and hit a tree. The car was totalled. Rob had to rent a car to go to work. Justin has a broken arm and Nick has a broken leg. Now to top it off, Nick and Justin's father is threatening to sue Rob and I for negligence. Does he have a case? I believe we exercised reasonable care. It's not like we left the keys in the car or let them take it. We didn't know they couldn't be trusted, and they could do something so stupid and reckless. Chris wasn't even in the car when they crashed. Also, could Chris be facing any criminal charges? I'd appreciate any advice. Thanks

Bob Russo
 


CdwJava

Senior Member
Any or all of them could - and SHOULD - be charged with felony auto theft. The driver of the car during the chase has probably already been charged with felony evasion and assorted lesser offenses for the reckless driving causing the injury of another..

The younger boys' father can try to sue you, but I don't know that he has much of a case since his boys effectively stole the car, though he might have a claim against Rob's insurance for any injuries ... UNLESS Rob indicated he wanted them charged for auto theft. If the CHP asked about the car and he denied to have his brother and the others arrested also for auto theft, then he may more likely to take a hit from his insurance company.

Hopefully Rob is in close touch with his insurance company. And if anyone gets charged (Chris) or sued (you or Rob), they need to speak with an attorney.
 

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