What to do if my daughter’s friend let her borrow a car but my daughter does not have a license and she had an accident?

My daughter is 15 and doesn’t have her driver’s license. My daughter hit a parked car. Are we, her parents, liable for any damages because her friend allowed an unlicensed and uninsured driver borrow her car?

Asked on February 11, 2013 under Accident Law, New Mexico

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You are all liable. You are liable because this is a minor under your authority (i.e., she has not been emancipated prior to the accident) so you are looking at probably being named in a suit unless the friend's insurance will cover it. In most instances, the insurance may not cover this because a person who is not legally able to drive drove the vehicle. She and her parents will need to check their insurance policy first.


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