Legal Question in Civil Litigation in California

Car Accident

My brother's, friend drove my my aunt's car and crashed it. My brother is 17 years old and his six months are not up. His friend crashed my aunt's car while my brother was in it. My brother let him drive, trusting he would not do anything dumb. His friends parents insist that the cost of the damage should be split 50/50. Is this fair? Should we take them to court? Our family thinks we should pay nothing becuase his friend was behind the wheel. If I rented a car and crashed it, I would have to pay for all of it, so why should we pay 50/50?


Asked on 8/14/00, 8:53 pm

2 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Car Accident

The driver has to pay 100%.

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Answered on 9/18/00, 4:02 am

Re: Car Accident

The driver of a vehicle is responsible for his own negligence. If your brother was negligent in the operation of the vehicle he should be liable in the proportion to his negligence. However, you did not indicate that he grabbed the wheel or unexpectedly yanked on the emergency brake.

Bottom line, barring exceptional circumstances the driver is liable for the whole amount.

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Answered on 9/18/00, 10:47 am


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