Legal Question in Personal Injury in California
My friend's son was involved in a DUI accident with her car. He hit the median divider of a freeway. The state of CA sent a bill to him but he cannot pay it, he is also uninsured. The state then sent the bill to my friend for $23,000. She does not have the funds and of course was not really involved in the accident. What are her options?
Thanks
4 Answers from Attorneys
It is nlice of you to try to help here, but she should be the one asking the questions since only she can give additional accurate information that is requested. How old is he; a parent can be liable for the negligence of their child under the age of 18 but the amount of damages that can be ordered against the parent is limited to $15,000. If he took the car without permission then it is a stolen car and she has no liability unless she left the keys out in the open or where she knew he could find them and she had a reasonable belief he would take the car. What is her own insurance coverage for property damage; if he took the car as an infrequent user, and especially if he does not live with her,there might be insurance coverage under her policy. She should not glive her name or policy number when calling but just give the facts of her coverage.
The state will undoubtedly be willing to accept less than the full value of the replacement work, especially since it would be assumed the state overpaid. If she points out she has no money nor insurance coverage, they might go away.
I checked the laws, and under Insurance code, Section 11580.02(m) (1), it appears that the limits have been raised to $30-K per person and $60 per accident. I did not see the section pertaining to property damages. This is along and tedious code section and I am not going to research it more accurately for you for free. Check with an attorney.
I hope you had insurance coverage. If so turn it over to your company, that's what you paid them for. You will need to have gotten property damage coverage and your son must not be excluded under the policy. If you had no insurance shame on the both of you, but your liability is limited by law to $15,000.00 unless they can claim negligent entrustment ie you shouldn�t have given your son the car because you knew he was prone to drinking and or crashing. You are really lucky he didn�t hurt some one.
Yeah sorry I forgot something, you can always contest the bill. Just because they asked for it doesn't mean they are entitled to it. They will have to sue the both of you and they will have to prove the damages are worth what they claim. You in turn will have to offer evidence that the repairs should have cost less. Go see an attorney and pay them to help you or you are liable to have a $23,000.00 judgment against you.