Legal Question in Personal Injury in Pennsylvania

Re: hit and run auto accident by a juvenile

This is a complicated insurance problem. Generally, the only person responsible is the person who was negligent, not the owner. However, if the owner was aware that the juveniles were taking the car, the owner could be liable for not safeguarding the keys. If the owner claims the car was taken without permission, the owner's insurance company will disclaim and not provide coverage. Certainly, the owner can't say that the owner gave permision to an underage driver. Therefore, the 14 year old juvenile will be responsible. If the juvenile makes a claim under her parents' homeowner's policy, this type of claim would be excluded, since homeowner's policies usually exclude accidents arising out of the use of a motor vehicle. Therefore, the damaged party would get a judgement against the juvenile and then try and collect. Also, the 15 year old daughter may be responsible if the damaged party can prove that there was some agency relationship between the two girls. Certainly, if the daughter says that the parents knew she took the car on occasion, the parents could also be responsible, and not have insurance coverage because of the permissive use exclusion. This situation should be carefully thought out before making statements, etc.

Re: hit and run auto accident by a juvenile

Mr. Eckell, who previously replied to your inquiry, is correct. An insurance company will not provide any coverage for an incident caused by a driver operating a vehicle without the permission of the owner. You should obtain a consultation from an experienced personal injury attorney before proceeding further.

Richard K. Teitell

610-668-6424