Small accident in parking lot.

UPDATED: Sep 30, 2022

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Small accident in parking lot.

The wind caught daughter’s car door back 6 months ago and it hit a lady’s car. Her husband, who was in car, told my daughter not to worry about it and that his son had a friend who could fix it. My daughter gave the gentleman my name and number. A little over a month later, the lady whose car she hit, called me and that said she was going to get a quote. That was about 3 months ago. She finally called back at the beginning of this month. She has now retained an attorney. She also only gas one quote. By law, what am I required to do?

Asked on July 28, 2017 under Accident Law, South Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

IF your daughter was at fault in allowing the damage to happen--e.g. on a windy day, she just opened the door without maintaning a grip on it, which would be careless--then she (if she is 18 or over) could be liable for the damage provably done by this; and if you are the car's owner, you could be liable, too (a car's owner is liable for the damage done by those whom he/she lets drive his/her car). The issue is fault: your daughter would have to have been negligent, or unreasonably careless in some way, for either of your  to be liable. If she was not at fault, she and you should not be liable. 
That said, report the claim to your insurer, assuming you have insurance which covers damage to others' cars: you have insurance for this reason--let them look into the is situation, pay for you if they deem appropriate, or defend you from the claim.

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 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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