Legal Question in Personal Injury in California
Car stolen and involved in Hit & Run, whos Liable?
Hello. My car was recently taken by my daughters boyfriend without permission. He is underaged and unliscenced. He was involved in a hit and run accident, in my car, and arrested by the police shortly after. My car was totaled. There was significant damage to the other car involved, but no injuries.
I am now being sued by the other party for damages to thier vehicle. My question is, am I really the person legally liable for this accident? He did not have my permission to use the car, and had infact been told serveral times he was not to drive it.
We are not his legal guardians, so my assumtion was that he and his guardian would be liable, but now I'm the one being sued because it was my car. Whats the deal? Am I really the liable party just because it was my car?
3 Answers from Attorneys
Re: Car stolen and involved in Hit & Run, whos Liable?
Turn it over to your insurance company!
Re: Car stolen and involved in Hit & Run, whos Liable?
There was no express permission, but there may be what is called "implied permission." The question becomes whether or not permission will be "inferred from the circumstances." They will look at things like (a) availability of the keys, (b) your forseeing the possiblity of him taking them (if you took the time to expressly forbid him), etc. In any event, an aggrieved party will always seek to name the registered owner of the car used in an accident, and if the driver is a minor, they will name his parents too. I believe it will be harder for them to show implied permission because its your daughter's boyfriend, and you should not be responsible for him if he is a minor. If they do name you, however, your can always cross-claim against his parents. Assuming you have insurance, give it over to them and let them deal with it.
Re: Car stolen and involved in Hit & Run, whos Liable?
There was no express permission, but there may be what is called "implied permission." The question becomes whether or not permission will be "inferred from the circumstances." They will look at things like (a) availability of the keys, (b) your forseeing the possiblity of him taking them (if you took the time to expressly forbid him), (c) whether the car was actually reported stolen, etc. In any event, an aggrieved party will always seek to name the registered owner of the car used in an accident, and if the driver is a minor, they will name his parents too. I believe it will be harder for them to show implied permission because its your daughter's boyfriend, and you should not be responsible for him if he is a minor. If they do name you, however, your can always cross-claim against his parents. Assuming you have insurance, give it over to them and let them deal with it.
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