If an owner lends her child her car, and the child lends it to a friend who crashes it, who is at fault?

Question

I know if someone lends their car to someone else, they are responsible for the damage to the car. However, if the child who crashed the car did not receive permision from the owner to drive the car, but rather the owner's child (who is also underage), is the owner still responsible?

In addition, the child who crashed the car into a stop sign ran away and the car was impounded, since it was considered a hit and run. Is he responsible for the damage to the sign and the impound costs?

I know its a lot of questions... Thanks guys!

Answer 1

The ADULT owner of the car is responsible.

At least in California.....

Answer 2

The damage costs will come back on the owner of the car, unless they bring suit against the parents of the child who took the car. Having a hit and run, on a underage driver's record, spells disaster. The impound costs must be paid, so the owner can take possession. Whether the owner pays the cost, or insists the child who took the car pays, doesn't matter. The longer in impound, the higher the bill goes, and it's not cheap. The child's parents will be responsible for the damages their child caused, to the car, and the stop sign.

Answer 3

Yes the owner is still responsible for the damages. It's implied permission, the person you gave permission to drive the vehicle, thus gave the person who drove the vehicle permission, and thus there is permission. Your insurance company will cover the loss. And you are the owner of the vehicle, so yes you are still responsible.

As for the damage to the sign and the impound costs - the sign will be covered under your liability coverage (if you have insurance) and as for the impound costs, you would have to pay to get the vehicle out. What you DO have the option to do - is if the driver or his/her parents do not agree to reimburse you - you CAN pursue these costs in small claims court. You might be able to even pursue the damages to the stop sign and your car in small claims court - then if you suceed in recouping all the cost - you can pay your insurance company back - and maybe you will not be surcharged for the accident.

Answer 4

The owner of the car carries liability insurance to pay for damages to other peoples' property caused by their car.

Regardless of who the driver is, the owner's insurance will pay for the damages.

And, as a side note, the driver of the car (the second child) was driving the car with the implied consent of the owner, since the owner's designated 'agent', (in this case, the owner's child) provided permission for the second child to drive it.

The owner has a serious issue coming up as soon as the insurance company finds out the details of this accident. The owner's policy extends to the owner's immediate family as a matter of course, but in this case, an exended insured breached the insurance contracy by allowing the other child to drive.

At minimum, I'd expect the owner's rates to go up, and possibly, the insurance company will decide not to renew the owner's policy.

Answer 5

ok, this is a good guess.

The person leaving the scene of the accident will ultimately be very very sorry. Then, the owner of the vehicle will next be held accountable for their vehicle. the first child will onlly suffer the consequences of the parents wrath for loaning their car out without permission and should be grounded for life. License taken away as well.

the child leaving the scene could have license taken away and be cited as well. have to repay damage to the property.

The insurance company could drop her or raise her policy as well.

very stupid thing to do give your child your car when they are not trustworthy.

Answer 6

The parent who loaned the car to an obviously severely immature child.

Answer 7

The driver is at fault, he is underage , it's his parents responsibility. I would just say car was stolen and get my ins. co to fix it.