Legal Question in Personal Injury in California

unlicensed teen fender bender

Our unlicensed teen backed my vehicle out of our driveway and hit a vehicle parked in front of a fire hydrant, PD responded and cited our teen and the fire hydrant went unnoticed (due to the darkness), info was exchanged. The owner of the illegally parked vehicle received one estimate for repairs, more than this vehicle is worth. Due to the unnoticed fire hydrant are we still liable?


Asked on 9/05/07, 9:21 pm

2 Answers from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: unlicensed teen fender bender

You are liable. Your teen was negligent, and you were negligent in allowing him/her access to the car keys.

If every time some one didn't see something in the dark, can you imagine how many law suits would be dismissed?

If it's there, unless there are really unusual circumstances, a reasonable driver is responsible for seeing the hydrant, and car.

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Answered on 9/10/07, 10:02 am
Mitchell Roth MW Roth, Professional Law Corporation

Re: unlicensed teen fender bender

Yes. The fact that the vehicle was parked near a fire hydrant is immaterial. But, the limit of liability for the accident is the value of the vehicle. So if the cost of repair is more, you are only liable for the value of the vehicle before the collision, less the salvage value of the vehicle. Of course, if you pay the value of the vehicle, you can insist on receiving the pink slip and then sell the vehicle for its salvage value. You can determine that by contacting a salvage.

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Answered on 9/10/07, 1:45 pm


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