what's my legal resonsibility when my teen gets into an accident after
taking a car, in california.  He 16, car belongs, not to me.

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Request for Question Clarification by tutuzdad-ga on 23 Jul 2003 14:45 PDT

Please clalrify what you mean by "taking a car" and "He 16, car belongs, not to me"

Did he steal a car?

Regards;
tutuzdad-ga

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Clarification of Question by hawkstrider-ga on 23 Jul 2003 21:23 PDT

He took , my daughter's car. And while driving it made a left turn in
front of a pick up who subsequently hit a stopped van. All without a
license or permission. Now both parties have counsle, and it look like
they are seeking money. The car was at my home parked, locked etc.
also the car had just been taken off insurance and was not being used
by her.

Now I'm not a lawyer but I do work for a MAJOR insurance company I'd
rather not say who as it may jeopardize my job. I can share with you a
few factors on how insurance works. First off your son is a minor and
as much as you may not want to hear this you are responsible for his
behavior and any damages he may do. As far as the car, insurance
always follows the vehicle. A lot of people don't realize this, it
does not follow people, it follows the car. So if you lend your car
out to anyone and something were to happen the liability falls on you
and your insurance company not the person you lent the car to.

Now in this case no permission was given for him to use the car (which
is a good thing) I actually had this happen to me once where someone
took my car and wrecked it into the backend of a semi and as the owner
of the vehicle they said I would be responsible if the person wanted
to pursue damages. Luckily he did not. In this case I hate to say it
but I'd say your daughter as the owner of the vehicle and you as a
parent could both be held responsible if this person decides to pursue
this legally.

There's also some new insurance law I heard about that states if
someone lives in your house they can go after your insurance company
if they cause damages while driving even if they are not listed on
your policy.  Again, I can't think of the name of it right now. And
depending on your state it may or may not apply.

Your daughter needs to stick to her guns stating he took the car
without permission, but I think in the end if the car is registered in
her name she will be held responsible for any damages.

Good luck to you! You're in a bad situation and I can certainly
sympathize.

Merle-ga