Legal Question in Personal Injury in New York

parental and/or gurardian civil liability

A neighbor's grandson hit the back of the family car while it was parked our driveway causing a dent and some scratches. The neighbor,(his grandmother)is extremely belligerent and says that she is ''not responsible'' for what her grandson does while in her care. The grandson lives elsewhere and the grandmother does not have custody as he was only visiting for the weekend. The grandmother promised to have the grandson's parents contact us about the accident. So far we have heard nothing from them and I doubt that we ever will. Can we hold the grandmother liable for the damages? It is likely that we will never get this settled with grandson's parents as they live in another part of the city and we do not know who they are or how to reach them.


Asked on 7/14/03, 11:06 am

1 Answer from Attorneys
David Simon Hogan & Rossi

Re: parental and/or gurardian civil liability

Under the NY Vehicle and Traffic Law, the owner of a vehicle is liable for damages caused by the driver. Therefore, the first question for you is whether the grandson was using the grandmother's car. If so, the grandmother is responsible.

If it was not the grandmother's car, and you have information concerning the owner of the vehicle and insurance information, you can make a claim against the owner's insurance company for the damage. Note, however, that it helps to have a police report prepared before making the claim, and that you usually have an obligation to file DMV form MV-104 whenever your vehicle is involved in an accident. The other option is, of course to make a claim with your own insurance company and let them go after the responsible party for reimbursement.

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Answered on 7/14/03, 11:39 am


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