Legal Question in Civil Litigation in Washington
How Responsible are parents for their underage childrens decisions
Our sons girlfriend who is 15yrs old and does not have her drivers license took his car and not only totaled it but totaled another car. Our insurance took care of the other parties vehicle injuries etc. But my sons car is still totaled and sitting in the driveway therefore he has no transportation. We did not press charges against her. She does have 3outstanding tickets from the accident. We have met with her parents 2x's and called them 2x's. Both times telling them that we would be willing to work with them if they needed to make payments to replace our sons car or they could just pay. Both times them telling us they agree and they would take care of it.We gave them the amount that the bank quoted us and the tow and store bill amount and game them 2wks to respond. They have not. Our state small claims amount is $4,000. We need $5,500 to replace the car. We need to know what the law says as far as how repsonsible are parents for the decisions that our underage children make and can we hold them responsible for replacing the car that their daughter not only stole but totaled???
2 Answers from Attorneys
Re: How Responsible are parents for their underage childrens decisions
In Washington parents are 100% responsible for any negligent act committed by a minor child. If the girlfriend's parents are home owners it may be possible to make a demand against their homeowener's insurance policy.
I would be happy to assist you with this case. Please feel free to contact me.
Re: How Responsible are parents for their underage childrens decisions
Hello: Hope your son is okay - you don't mention if he was involved in the accident. That said, you need to lawyer up. This will not cost you anything and will result in a larger award than you could recover on your own in small claims court. Plus, the attorney fees that could be awarded will go a long ways towards paying your attorney fees.
GF's parents are completely liable under a couple of different theories. As she is not old enough to drive, the court could even find that their failure to supervise makes them liable for the damage to your car.
You will get nowhere negotiating with people like this (I'm basing that statement on your reiteration of the facts and what you have attempted to do so far on your own) so stop trying.
You should hire local counsel. That is true no matter where you are. Every county has a Bar Association, and they will give you names of attorneys who handle cases like this in your county. Your referral should not cost you anything.
Good luck with getting some resolution to your issue, and I hope your son is OK.
Elizabeth Powell
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