Legal Question in Insurance Law in Wisconsin
Underage driving/car accident
My 15 yr old son drove a truck belongings to an 18 year old who gave him permission without asking his age or for proof of insurance. He had an accident caused by swerving to avoid an animal. This resulted in body damage to the truck. I paid to have it towed and it is drivable. She submitted it to her insurance under 'noninsured driver'. Am I responsible for her deductible, since as an adult and owner of the vehicle she gave permission to an underage person to drive? She is also asking for $500 to 'cover the cost of her insurance going up'. I feel as an adult she is ultimately responsible for the decision to let someone use her truck and not having any proof that they had a driver's license.
1 Answer from Attorneys
Re: Underage driving/car accident
WI law as to guest/host liability is complex.
There may well be a defense available to you
of contributory negligence for allowing an
underage person to drive. There may also,
however, be parental liability for failure to
supervise a child. Only a judge or a jury
can decide for sure.