Legal Question in Civil Litigation in California
my daughter who is 18, was given some PCP drugs in a chocolate chip cookie a couple of weeks ago. She ran down the street in a residential neighborhood, and damaged two automobiles while under the influence. I spoke to both owners of the vehicles and traded my information with them, and left to go to the hospital with my daughter. I didn't really see the damages to the autos because it was late and I didn't have a camera. I called both owners the next evening, and told them I wanted them to get a couple of estimates, and I would like to come by and see their damages. The first owner called me a couple of days later, she drives a 2006 honda CRV, she several dents in the hood of her auto. She showed me her estimates and we agreed on one estimate and at this time I am getting her car repaired. My problem is with the second owner. I could never reach her for at least three days after our conversation. When I finally reached her she informed me; she has already put her car in the shop, and she had 4 estimates and she decided on the one she felt was right. She then tells me it will be $1800.00 dollars. I asked her what damage did she feel my daughter did to her car ( she has a 2002 BMW). She has her car at the repair shop waiting for me to pay the bill. I asked her why she didn't let me come see the damages like I ask to do and she said she didn't have time for that, and she really needed to get her car repaired because it is her only transpotation. But the car has been there for 2 weeks.She told me my daughter damaged both the driver and passangers doors and scratched her bumper. I know for a fact that is not true, the first owner told me she saw everything and my daughter was never on the driver side. I also have 3 other witnesses to agree with that. I believe my dauhter did damage the passenger back door and that was it because the officers had subdued her at that time. Now the second owner calls my phone at least 10 times a day, she has her boyfiend calling me. We went to the police department and they told us their was no police report, because my daughter wasn't arrested. What can I do about the second owner, i am not paying that amount of money for damage my daughter didn't do. Please help me!!
3 Answers from Attorneys
You never promised to pay and parents are not normally liable for negligence of minors. Your daughter doesn't sound negligent either because someone slipped her a drugged cookie and she arguably had no control. Let them sue the person that gave your daughter that cookie.
If the matter is not resolved by a settlement the second owner's only option is to sue, probably in small claims court. If your daughter is an adult she is the one who is liable for the damage, not you. (What the Court will do with your dauguter's non-responsibility defense is anyone's guess but it probably won't matter. While your daughter might have a claim against the person who gave them the cookie, as between your daughter and the second owner your daughter is clearly the responsible party and will likely be held liable. After that it is just a matter of proving what damage she caused and the cost of repairing it.) If it is your car, however, you could also be sued. Assuming that you don't want to just turn it over to your insurance company (assuming that your daughter/you have insurance as required by law) you only option is to settle or be sued. You could file a police report if they are harrasing you but that might just cause more problems. Your best bet is for your daughter to appologize to them and for her (not you) to make an offer of settlement. She could also send them a check for the amount that she/you feels is the correct amount with a reference to the accident and marked payment in full. Sometimes that works, sometimes it does not. At the end of the day you should be thankful that neither your daughter nor anyone else was hurt and that all that is involved is $1800.
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I don't think the daughter was in a car. It says she "ran" down the street.
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