Legal Question in Criminal Law in California

Re: Liability for damages by a minor.

There is no simple answer to your question, because it appears there are several competing and conflicting interests here. It would probably be a good idea to have a consultation with a criminal lawyer who is also experienced in personal injury law. Then you could identify and discuss all the various options available to you and your son, and select the best course of conduct. Many lawyers give free consultations. If your case is in Los Angeles County, don't hesitate to call me for a free consultation. My telephone number is 310-393-0639. Good luck.

Re: Liability for damages by a minor.

Amended reply. Your insurance carrier may not be liable for this accident since your son is not a named insured and did not drive your car with your permission. The insurance code does not permit insurance companies to pay for intentional torts (wrongs). Their liability is for negligent wrongs (acts).

On the criminal side there is a limit to the parents' liablity for certain intentional acts. This is set forth in the juvenile code. This can be pulled up on the internet.

If the accident was a hit and run this makes the occurrence a criminal act.

And if you are tempted to claim to your insurance carrier that you were driving the car this exposes you to a criminal filing for making a false insurance claim, and a false statement to the police when and if they get involved.

In summary you need to check and see what your insurance coverage is for your son's unauthorized act in taking and driving your car.

As a parent remember this isn't the first kid to take his parents' car and drive it. I did the same thing except.

The previous attorney's reply indicated you need to check your options carefully and that starts with your insurance carrier on your coverage. And then make an appointment with an experienced attorney that has some personal injury/accident experience, plus some juvenile/criminal experience. The weight should be on the juvenile/criminal experience. Your options on the civil side will be pretty clear once you talk to your insurance carrier.