Legal Question in Civil Litigation in Ohio
small claims
my 19yr old uses my car...her sister(17) and a friend(16) asked to use the car..she(asleep) said yes...the friend backed out of my carport..hit the carport damamged it plus $1000.00 to the car..her mom said she is not responsible since my daughter gave her permission..i changed insurance companies since this happened..when they asked if we had any claims i said no..because the mom told me on the mom her daughter is responsible since she did the damage..then later changed her mind..i would like to know if we have a case against them...thank you..--name removed--wood
1 Answer from Attorneys
Re: small claims
Even if your daughter was negligent in entrusting the vehicle to the friend (or if you were negligent in entrusting the vehicle to your daughter), that does not let the driver (more precisely, the driver's parents), off the hook. The person who causes damage is legally responsible for the damage though the damages available can be reduced by the contributory negligence (if any) of the person who sustained the damage. You can sue the driver�s parents (you can only sue the minor through the minor�s parents/guardian), but you should be able to get it resolved through their insurance carrier (auto or possibly homeowner�s policy) by filing a claim with the carrier.
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