Legal Question in Personal Injury in California
Unlicensed minor in accident
My minor son was spending the weekend with his aunt 85 miles away. A male friend of my sister was also there. Male friend and sister go out for the evening and male friend gives my 17 year-old unlicensed son his keys and says it's okay for him to drive his van. Son backs into tree and causes damage. Am I, as his parent, responsible for these damages? I have my son and a teenage girl who says male friend allowed my son to drive the van. I have not spoken to the male adult as he is speaking through my sister, but has not, to my knowledge denied giving minor his keys. He has, in the past allowed my son to drive with him present in the van without my prior knowledge. My son has a permit. Van only carrier liability insurance.
2 Answers from Attorneys
Re: Unlicensed minor in accident
The fact your son had permission to drive the van does not let him off the hook for any damage he caused, whether intentionally or negligently. (I presume that he was at fault for the accident; if he wasn't then whoever was is responsible.)
The fact that your son had permission also does not change the fact that he had no license and that it was illegal for him to drive without an adult by his side. Ordinarily, the fact that your son was breaking a law designed to keep people safe would make the owner's case much stronger, but the owner had already seen your son drive and, having concluded that your son could drive safely, he may not be able to argue that the lack of a license proves he couldn't.
Another relevant factor is whether the owner even knew your son had no license. If he reasonably believed he was letting a licensed driver use the van his case will be stronger than if he knew your son only had a learner's permit.
Parents are financially responsible for torts committed by their minor children, at least up to a point. If the accident was your son's fault then you are on the hook. I believe there is a limit to how much a parent can be required to pay, but offhand I don't know what it is.
Finally, the owner's lack of collision insurance is irrelevant. Even if he had insurance he probably would have breached the terms of his policy by letting an unlicensed driver operate the van. And even if his insurer did pay, it could then bring a subrogation lawsuit against your son to recoup its loss. You would be equally liable whether the suit comes from the owner or the insurer.
Re: Unlicensed minor in accident
Insurance follows the car. In this case, if the owner has liability insurance, it should pay for the damages that your son caused. You can read more about this here: http://www.calpiblog.com/2006/02/are_you_covered.html
However, your son could be cited and have his driving privileges held up because of this. Your son should not be driving a car without his license.
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