Legal Question in Traffic Law in Georgia

Daughter allows unlicensed driver to borrow car

My daughter let a friend borrow her car and her friend was involved in an accident. Nobody was injured in the accident. The accident happened near a college campus and both drivers knew each other. She struck the car on the driver's side after a door was opened. They decided not to report the accident because my daughter's friend does not have a valid driver's license. I was told that my daughter's friend was at fault in the accident. I have not called my insurance company. The father of the guy whose car was hit by my daughter's car has sent me one estimate and is asking to have his car repaired by me. I told him I consulted a lawyer (I actually didn't) and wanted 2 additional estimates and statements from his son and the passenger in his son's car. He told me he would provide one additional estimate but would not provide me any statements. He further stated that if we go the legal route he would be forced to contact the police and file a report. My questions are: (1) Am I responsible to pay for his damage? (2) Is there any legal recourse for me to have the young lady who was driving the car pay for any of the damages? (3) Should I contact my insurance company? (4) Should the police be notified and a report filed?


Asked on 10/04/05, 6:42 pm

1 Answer from Attorneys
James Neuberger

Re: Daughter allows unlicensed driver to borrow car

I assume that the accident happened here in Georgia, and that Georgia law would apply. To answer your numbered questions: (1) Generally, you are not liable for the actions of a second permissive user of the car; (2) you may have legal recourse against the young lady who was driving the car to recover any amounts you have been required to pay to the other car's owner (but she probably doesn't have any money if she is a college student); (3) You should contact your insurance company as that is what you pay premiums for; (4) It won't hurt you to have a police report made, but the young lady driving the car will probably get a ticket for driving without a valid license.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

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Answered on 10/05/05, 9:33 am


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