Legal Question in Personal Injury in Kansas
My son was involved in an accident where he was driving a friends PU. The PickUp belonged to his friends family's business, they were at the lake for Memorial weekend. His friend asked him to drive up to the marina and purchase a day pass and bag of ice. While inside the PU rolled down a hill and hit a tree causing damage to the bumper, hood and front panel. A head light was broken also. About $8,000 damange to the pu, the family business has the vehicle insured. The friends father is by passing the insurance company and expecting my son to pay the total expense. He has expressed his regret about the accident happening and we feel it would be resonable to pay the deductable for the the repairs. My son is 21. What can we be forced to pay?
1 Answer from Attorneys
These types of disputes are very fact dependent. It may be easier to assess it sideways. Who could the owenr of the tree collect from? Under the facts you described, it seems that the business could be liable to the tree owner, since the owner's Son instrtucted or asked your Son to take the truck to the marina and complete some tasks. The same tree owner would be able to collect from the owner's Son, under the same theory. Regradless of that companie's involvement, your Son could be found liable to the tree owner, because he parked the truck when it rolled into the tree.
Your Son could be found liable to the vehicle owner, because he drove and assumeably misparked the vehicle, just before it roled down the hill. Since Your Son's fried does nto oiwn the vehicle, he may be foudn equally liable, to the company that owns the vehicle, with youe Son. Perhaps you or your Son shoudl point out to the business owner, that their Son is equallyliable for the damage to teh vehcile, and perhps more, if your Son did nto request to use the vehicle, but rather was running an errand for their Son.
I know this does nto clear everythign for you. As I said, if this went to court, the specific facts of what actually occurred, could determine who is liable for the damage to the vehicle. It could be that sense it was a company vehcile, and the owenr's Son has authority to use it, his sending your Son on an errand, could totally absolve your Son of any laibility.
Try to resolve this amicably. If it appears that you cannot, then your Son should consut directly with an attorney in his area. He can give that attorney more information than you are able to provide here.
Good luck