What happens if my son has no license but took my car without permission and was involved in an accident ?

Asked on February 25, 2015 under Accident Law, Ohio

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If your son was at fault in the accident, you are liable for the accident because you are the registered owner of the vehicle.  Your liability includes property damage (cost of repairs to the vehicle not at fault in the accident) and the personal injury claims of the occupants of the other vehicle (not at fault in the accident).

The personal injury claims will include compensation for medical bills, compensation for pain and suffering which is an amount in addition to the medical bills and compensation for wage loss.

Compensation for the medical bills is straight reimbursement.  Compensation for pain and suffering is an amount in addition to the medical bills based on the nature and extent of the injuries.  Compensation for wage loss is straight reimbursement.

Since your son did not have a license and was an unauthorized driver of your car, your insurance company will probably deny the claim resulting in the party not at fault in the accident suing you to recover compensation for property damage and personal injury as discussed above.

If a judgment is obtained against you which you cannot afford to pay, at that time you may want to consider filing bankruptcy.  It would be premature to file bankruptcy until there is a court judgment against you because you will need to know the amount of the judgment to file bankruptcy.  If you are eligible to file Chapter 7 bankruptcy which is straight liquidation, that debt can be eliminated.


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