HELP! 14Y/O WRECKED MY CAR

[quincy]

So, theft of an uninsured, unregistered vehicle titled in your name causing an injury accident with property damage to two vehicles. You and your minor daughter both need your own lawyers.

In Nevada, theft of a vehicle (grand larceny) is a felony. Here is a link to the law:
https://www.leg.state.nv.us/NRS/NRS-205.html#NRS205Sec228

 

[Zigner]

OP can also be held civilly liable for the acts of her child.

 

[Zigner]

To be fair to the OP on the matter of allowing access to the keys:

When I was a kid of 14 (a fair number of years back), there was no thought to hiding or securing the car keys. I knew better than to take the car, and I'm not talking about the legal consequences...I'm talking about the home-life consequences.

 

[stealth2]

To be fair to the OP on the matter of allowing access to the keys:

When I was a kid of 14 (a fair number of years back), there was no thought to hiding or securing the car keys. I knew better than to take the car, and I'm not talking about the legal consequences...I'm talking about the home-life consequences.

Oh, I don't disagree, Zig. My two knew exactly where my keys could be found. I'm just trying to figure out how it transpired so as to consider possible defenses Op could discuss with their lawyer (and I agree one is needed for OP as well as their child...).

 

[Just Blue]

To be fair to the OP on the matter of allowing access to the keys:

When I was a kid of 14 (a fair number of years back), there was no thought to hiding or securing the car keys. I knew better than to take the car, and I'm not talking about the legal consequences...I'm talking about the home-life consequences.

I don't disagree...BUT! It seems unlikely that an otherwise good kid chose to steal her parents new car as her 1st act of defiance/bad behavior. It seems much more likely that OP has/had knowledge of her propensity for ...mischief...before this happened.

 

[quincy]

OP can also be held civilly liable for the acts of her child.

I would not be surprised if stayn100 and her daughter and her daughter’s friend are all named as co-defendants in a lawsuit filed against them by the owner of the other vehicle.

It is possible that stayn100 could escape being named in, or could be dismissed from, a lawsuit if she reports her car as stolen - but, as parent of one of the car thiefs, she could ultimately be held responsible for the damages.

Stayn100, I hope you had/have medical insurance that covers your daughter’s medical expenses and that your daughter recovers fully from the accident. There is a possibility that you could seek reimbursement from the friend/her parents to cover any outstanding medical expenses.

This is just one of the many things you will want to discuss with your attorney.

 

[adjusterjack]

I'm wondering, legal gurus... would the other child's parents have a case against OP for lack of supervision?

Only the owner's daughter was injured. The other child was not so there is no reason for the parents of that child to look to the owner for anything. The other car owner could have a negligent entrustment claim against stayn100.

I was told the friend would be in trouble for the stealing

No, the friend didn't steal anything. The friend had permission to drive, give by the person who had possession of the car.

If anybody stole anything it was your daughter. If you want to report it as a theft, she will bear the brunt of criminal charges in addition to her injuries. Do you want that?

And, frankly, I think your daughter had constructive permission since the keys and the car were available. That puts you on the hook for negligent entrustment with regard to the damage to the other vehicle.

As for the damage to your car and your daughter's injuries, the other child is indeed responsible for her own negligence. Good luck getting any money out of her or her family.

And where do you come off bringing any car home without making damned sure you had insurance. Notice that there is no question mark at the end of that sentence because there is no excuse. You're your own worst enemy. This debacle is going to cost you big time.

 

[quincy]

... No, the friend didn't steal anything. The friend had permission to drive, give by the person who had possession of the car.

That is not how the law reads. Permission to use the vehicle must be given by the owner of the vehicle.

 

[stealth2]

Only the owner's daughter was injured. The other child was not so there is no reason for the parents of that child to look to the owner for anything. The other car owner could have a negligent entrustment claim against stayn100.

I guess I was thinking more in terms of the owner of the other car. And the other child's parents saying (along the lines of) "our child was in the care of stayn100 - they should bear a significant portion of (other owner's) damages..."

 

[quincy]

All things considered, I am glad I am not the parent of either child. At least no one was killed.

 

[Ohiogal]

Proper care? What is proper care? the friend was driving and according to both of them the friend refused to pull over. But i do hold my daughter responsible as well. Jury? I thought it would be a civil suit.

That could still have a jury. And if you report it stolen it would be criminal but you most likely waited too long. Why didn't you realize the car was missing the day it was taken and report it then? How long ago was that? You could report it now but your daughter would be charged criminally and have a criminal record for grand theft.

 

[Ohiogal]

I'm thinking back to my two at 14 (admittedly, a while ago). If the car was here, I was here. If I wasn't here, neither was the car. If I was home, I knew where the kids were (the front door does not open w/o the hounds going off). So I can't even picture a scenario where one or the other could take my keys and the car. I'm not getting it.

I'm wondering, legal gurus... would the other child's parents have a case against OP for lack of supervision?

I guess one blessing in this situation is there was apparently no alcohol involved...

It is possible.

 

[adjusterjack]

That is not how the law reads. Permission to use the vehicle must be given by the owner of the vehicle.

Constructive permission by the owner to the daughter by leaving the keys and the car accessible. Unless parent wants to throw kid under the bus for criminal charges.

No matter how you look at it, it's going to be an expensive mess for the OP.

 

[quincy]

Constructive permission by the owner to the daughter by leaving the keys and the car accessible. Unless parent wants to throw kid under the bus for criminal charges.

No matter how you look at it, it's going to be an expensive mess for the OP.

I agree this stands to be an expensive mess.

 

[LdiJ]

I'm thinking back to my two at 14 (admittedly, a while ago). If the car was here, I was here. If I wasn't here, neither was the car. If I was home, I knew where the kids were (the front door does not open w/o the hounds going off). So I can't even picture a scenario where one or the other could take my keys and the car. I'm not getting it.

I'm wondering, legal gurus... would the other child's parents have a case against OP for lack of supervision?

I guess one blessing in this situation is there was apparently no alcohol involved...

What if you were out with a friend and the friend drove? Or, in this case, it was a brand new car that wasn't insured yet and mom was perhaps driving the old one?