Legal Question in Personal Injury in New York

'My daughters car was recently totaled by a friend. She had been drinking and was incapacitated. The friend asked for her car keys and she gave them to her. She then decided to attempt to drive home. She fell asleep and crashed the car. My insurance asked me if the friend had permission to drive the car. I said yes because I assumed she did. I later found out that she did not because my daughter did not even know what had happened. Both girls are 19 years old. I have made my daughter help to pay for some of my loss, Do I have a case against the driver? I asked her parents to have her pay some of the loss. My insurance deductible was $500. so I asked for that amount since it was less than half of my loss. She verbally agreed to it but has not paid anything. Can I or my daughter sue for damages?


Asked on 8/04/12, 5:27 am

1 Answer from Attorneys
SHAHRIAR KASHANIAN LAW OFFICES OF SHAHRIAR KASHANIAN, ESQ.,

If your daughter decides to drink and is incapacitated and gives permission to another incapacitated person to drive her car, then you are stuck with her bad decisions. Why did she not call you or a sibling to drive her or call a cab? You may try small claims court, but I figure you have a very weak liability case, if any.

Read more
Answered on 8/04/12, 10:54 am


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in New York