Legal Question in Administrative Law in California

Who is liable for damage

My sister asked me to take her to a party because she did not have her car. I told her I would take her but she could drive my car because I ws tired. while driving she got lost and ran over a severe tire damage. Three of my tires were ruined and I had to pay for a tow truck. My sister says she is only responsible for half. Is this true? I was not driving and she is a liscenced driver. Who is responsible. I have paid the total amount and she has only paid me less than half?


Asked on 4/17/03, 4:15 pm

2 Answers from Attorneys
Jason Hsu Una Law Corporation

Re: Who is liable for damage

As stated, this does not have to do with administrative law. However, your question is difficult because, legally, there is the issue of comparative fault. The fact that you allowed her to drive your vehicle may also bring in a defense for her. It would be best to try to resolve this matter outside the courts.

Best of Luck.

The information provided to you is of a general nature. We hope this information has been helpful to you, but you should always obtain competent legal counsel who is familiar with your specific legal issues to determine the best course of action. If we can help you in the future with anything, please feel free to email or contact us at www.unalaw.com

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Answered on 4/18/03, 6:20 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Who is liable for damage

This is not an administrative law question. That area of law deals with the powers and actions of administrative departments of government, such as the Federal Trade Commission or the Department of Motor Vehicles. If you want more and better responses, you should probably re-ask your question under a more appropriate category, such as torts, property damage, etc.

However, to get you started, I would say this is a question of comparative negligence. A judge or jury hearing the case would decide from the facts presented whether your sister was "100% at fault" or whether something YOU (or a third party) did was partially to blame for the accident.

If your sister were found 100% at fault, she would be ordered to pay 100% of the damages, but if you did something (like give her bad directions) you could be considered partially to blame and your sister's liability would be reduced in proportion.

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Answered on 4/17/03, 5:10 pm


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