What will happen if my son had an accident with my car and his driver’s license is suspended?

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What will happen if my son had an accident with my car and his driver’s license is suspended?

My son wrecked my car last Monday night. He fell asleep at the wheel, so I’m not sure whether that’s considered his fault or not. No other vehicle was involved. Now I’ve found out that my son’s driver’s license was suspended at the time of the accident. Also, my car is collateral for a loan I owe over $8000 on. It is a 6 year old car with 149,000 miles on it but still in pretty good shape. The loan company wants me to make a payment and a half while I’m waiting on the insurance because I’m behind. Due to extra expenses because of the accident I don’t have it. I’m also afraid that I won’t get enough from my car to pay the loan off, especially since my son didn’t have a license.

Asked on July 6, 2015 under Accident Law, Mississippi

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

1) It is considered your son's fault if he fell asleep at the will. People and expected and legally obligated to not drive when so tired and/or under the influence of some medication or other substance that they are likely to fall asleep.

2) Driving with a suspended license means that he will almost certainly lose his license.

3) If you allowed someone without a valid license to drive, it is unlikely that your insurance will cover you, since letting someone drive without a valid license violates your obigations under your policy.

4) If you can't make your loan payments, your car can be repossessed. It doesn't matter *why* you can't make them--if you fall behind for any reason, you are subject to repossession.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

1) It is considered your son's fault if he fell asleep at the will. People and expected and legally obligated to not drive when so tired and/or under the influence of some medication or other substance that they are likely to fall asleep.

2) Driving with a suspended license means that he will almost certainly lose his license.

3) If you allowed someone without a valid license to drive, it is unlikely that your insurance will cover you, since letting someone drive without a valid license violates your obigations under your policy.

4) If you can't make your loan payments, your car can be repossessed. It doesn't matter *why* you can't make them--if you fall behind for any reason, you are subject to repossession.


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