If a16 year old hit my car and a fellow employee’s car who is responsible, the boy or his mother?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If a16 year old hit my car and a fellow employee’s car who is responsible, the boy or his mother?
The young man hit my car and a fellow employee’s car while they were parked. The young man was sited by local police for failure to obey a traffic control device and failure to provide proof of insurance. He lives at home with his mother, however the car is registered in his name. Who is responsible to pay the damages the mother or the son? What does the law say?
Asked on March 5, 2012 under Accident Law, Oregon
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If it turns out that the kid had insurance, file your property damage claim against the kid's insurance company since he is the registered owner of the vehicle. Property damage claims are usually settled with the insurance company. If the case is settled, NO lawsuit is filed.
If it turns out the kid did not have insurance, but if you had uninsured motorist coverage, you could file an uninsured motorist claim with your insurance company and have your car repaired. Your insurance company will then sue the kid and the parent to recover what the insurance company paid in your uninsured motorist claim.
If you don't have uninsured motorist coverage and the kid didn't have insurance, file a lawsuit for negligence naming the kid and his parents as defendants. The parents are liable for negligence for letting the kid drive without insurance. Also, the kid doesn't have any money and that is why you want to name the parents as defendants in the lawsuit. If you get a judgment against the defendants in your lawsuit, you could enforce the judgment with a wage garnishment or a lien on the property owned by the parents.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.