Legal Question in Civil Litigation in Virginia
Liability in of dependent family member in property damage
My son (14yrs)crashed his friends(13Yrsold) Mini pocket rocket(new small mini bikes)into a neighbors parked car. Damages to parked car 900 dollars. Neighbor wants me to pay for 900 dollar damages to his car(he does not want to claim the damages on his insurance due to possible increase of his insurance premium). My sons friends
parents want me to pay for a new bike(400 dollars) since my son crashed it and the cost of repairing the bike would almost cost as much as a new one(the bike was only 2 weeks old). So it appears I am out 1300 dollars.
From what i understand, this type of bike is not authorized to be used on public roads and my son's friend is to young to operate a pocket rocket on public roads. My sons friend has no permit or drivers license.
Although money is tight, I want to do what is right and fair.
What is my liability in this scenario? Do the parents of my sons friend have any liability to the damaged neighbors car or thier sons messed up mini pocket rocket?
Or am I liable for everything since my son crashed it.
Lastly, the parents of the other child had a rule that their son was not to let anyone ride the bike. Also my wife told my son's friend that my son was not allowed to ride the bike.
2 Answers from Attorneys
Re: Liability in of dependent family member in property damage
Legally, in the absence of facts to establish either (1) that the child was acting as the agent of the parent(s) ["go take that minibike and run down to the market and get me a loaf of bread"], or (2) that there was actual indepedndent negligence on the part of the parents (not just general negligent supervision, but for example letting the kid ride the bike knowing that it was unsafe), parents are not liable for the torts of their children. As such, you would owe the other parents nothing. Further, contributory negligence is a complete defense in VA, and there are ample facts to show contributory negligence. Finally, this would be a matter likely covered by your homeowners insurance if they should bring suit, which is unlikely. On the other hand, your kid knew he should not have been riding it and perhaps he ought to be made to pay as a matter of good neighborliness and to teach him that rules are there for a reason. But that's not a legal issue.
Re: Liability in of dependent family member in property damage
Looks like you are on the hook for your sons damage. The only relevant information here was who was driving the mini bike (I hear they're fun, by the way). Everything else is irrelevant from a liability standpoint. I would offer to pay for the damage to the car on the condition that they split the cost of replacing the mini bike. Its worth a shot. Good luck!
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