What happens if my son’s car was taken without permission by someone that ended up wrecking the car by running a red light?

UPDATED: Nov 18, 2015

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What happens if my son’s car was taken without permission by someone that ended up wrecking the car by running a red light?

My son was not in the vehicle at the time of the wreck. The other car involved that hit my son’s car has filed a claim against our insurance. Shouldn’t the person driving the car without permission (and their insurance) be responsible for any claims and medical expenses?

Asked on November 18, 2015 under Accident Law, Alabama


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

Answered 7 years ago | Contributor

Unfortunately, your son is liable for the accident because he was the registered owner of the vehicle which is why the other party made a claim against your son's insurance.
Your son can sue the driver of his car to recover damages (monetary compensation) for the property damage to his vehicle and for the amount of any court judgment against your son in the event the case is not settled with your son's insurance company.
Potential liability would include property damage to the car not at fault in the accident and the personal injury claims of the occupants of that vehicle.  The personal injury claims will include compensation for the medical bills, compensation for pain and suffering (an amount in addition to the medical bills) and compensation for wage loss.
If your son is a minor, you will need to be appointed guardian ad litem to file a lawsuit on your son's behalf against the driver of his car.

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.

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