Legal Question in Civil Rights Law in Missouri

My daughter will be 18 in Dec. I have had many problems with her. She moved out once and then came back. I wanted to kick her out but was told that since I let her come back for 24 hours she was back and that I cannot kick her out until she is 18. A few months ago she moved in with a friend. I was relieved. Her friend allowed her to drive her car knowing she did not have a license yet. She had an accident in her car that they fixed by going to Pick and Pull to get the part they needed to fix it. I told her friend she needs to tell her she cannot drive her car anymore. She ended up taking the car without them knowing she was gone. She went to her boyfriends house and evidently became very intoxicated before she drove back home. She evidently hit a ditch or something but went ahead and drove it home with a flat and ruined the rim. Also the rearview mirror had come off and there was a shattered headlight and the electrical system was completely shorted out. Her friend is 18 and lives with her boyfriend. I got a call from her mother telling me that she had talked to the police and was told that since she allowed her to drive her car once, they cannot say she stole it so it becomes a civil suit. She said that the police officer told her that the parent would also be liable since she is not 18 yet and that she was getting an attorney and taking both of us to court because they knew my daughter did not have the means to pay for this. I feel bad for her friend and hate that she has a car that she can't drive now, but she texted my daughter and told her that she was getting ready to get another car anyway. I need to find out if I will be liable because I can't afford to pay for a car and get an attorney. I thought by paying for this, it would be just one more thing that my daughter has done that she will get away without paying and wanted them to take her to court, but if I am going to be liable then I need to know so I can maybe take care of it without going to court.


Asked on 9/19/11, 7:38 am

1 Answer from Attorneys
Anthony Smith LawSmith

If your daughter has left yoru home and become functionally emacipated, you may nto be foudn liable. But, through the Lamento doctrice, the cout may find you to liable, if your liability insurer will cover your daughter. If you have autimobile liability insurance, then they may provide defense counsel for you (and maybe your daughter)

Under the facts you described, it seems that you may not be found liable, if you are not providing financial support for your minor daughter. But, the specific facts of each case, change the determination. You should consult directly with counsel regarding our specific case. Many offer a free or low cost initial consultation.

Good luck

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Answered on 9/19/11, 10:13 am


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