Legal Question in Civil Litigation in Texas

car totaled--who pays?---desparate!!!!!!

A 16 yr old took my son's car (brand new 2000 model)without his permission and totaled the car. The car is in his and my husband's name. The insurance company said that since my son had let this young man drive his car ONE TIME BEFORE, that he had permission this time also. We are now looking at being liable for the deductible and balance of the loan amount after our insurance company settles this claim. I don't know if I can legally force his parents to pay and if so what kind of lawyer to see. Please help. I will not file felony theft on this kid but can't afford this cost either.


Asked on 10/16/00, 11:34 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: car totaled--who pays?---desparate!!!!!!

Your insurance company is blowing smoke. Sounds like you are insured with Allstate or Farmer's. They persist in pulling this kind of scam.

Permission is required each time. Prior permission does not carry over. If you are correct in your stated facts, the insco owes you the full market [Bluebook] value of the car, together with license, registration and tax costs.

There is almost never a deductible associated with theft, which is what happened according to your post.

Don't let them horse you around.

Email us for further no cost/obligation consultation.

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Answered on 11/14/00, 5:25 am


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