Legal Question in Personal Injury in Michigan

Minors, Autos, No Licenses...So Who's Responsible?

Unlicensed 14 yr. old borrows car from licensed 17 yr. old, never drives the car but let's 16 yr. old with a learner's permitt (still must drive with adult) drive the car. They are involved in a one car accident and total the car. Have only P.L. P.D. insurance. The 17 yr. old's father now wants compensation. (happened in June 2000, it is now Feb. 2001.) Says the 14 year old is at fault since he borrowed the car. Is he, the 17 yr old for lending the car to unlicensed drivers or is the driver? Where would law of bailment apply here?


Asked on 2/20/01, 9:48 pm

1 Answer from Attorneys
Don Darnell Darnell & Lulgjuraj, P.C.

Re: Minors, Autos, No Licenses...So Who's Responsible?

First, nothing you have provided would lend one to conclude there was a bailment. To get right to the conclusion, I think the 17 yr old and his father are out of luck - because the 17 yr old lent the car to a person who was not a licensed driver and was a minor. 17 might recover the from the licensed driver, the 16 yr old, on a theory of negligence - but I wouldn't be crazy about working for the plaintiff.

Good luck.

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Answered on 4/05/01, 2:50 pm


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