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

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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

Answers:

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

Answered 5 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.


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