minor daughter in accident in borrowed car

[pinecone45]

My sixteen year old daughter was taking a friend to the dentist in her friend's parents car in Iowa. She hit a slippery spot on the road, lost control of the car, and flipped it, totalling out her friend's car. The car had liability insurance but not collision insurance. No one was hurt but the friend's parents are sueing me for the value of the car ($5000.) Am I liable for these damages?

[IAAL]

My sixteen year old daughter was taking a friend to the dentist in her friend's parents car in Iowa. She hit a slippery spot on the road, lost control of the car, and flipped it, totalling out her friend's car. The car had liability insurance but not collision insurance. No one was hurt but the friend's parents are sueing me for the value of the car ($5000.) Am I liable for these damages?

My response:

What are the rest of the facts; e.g., on what type of road was she driving, how fast was she alleged to be driving, what insurance did your daughter have for driving any vehicle?

Also, what does "slippery spot" mean - - oil, water, ice, etc.?

Additionally, what type of driver's license did your daughter have; e.g., full license, learner's permit, etc.?

There may be more questions, but your answers to these, and possible other questions, will help us to answer your question.

IAAL

[pinecone45]

Thanks for the quick response. My daughter was driving about 50 to 55 mph on a divided hiway at close to the posted limit. She has an Iowa provisional driver's licence, issed to drivers between 16 and 18 years old. It had just started to rain and she hit a wet, slipperly spot on the road and lost control of the car. She had just moved in with me in Minneapolis so she was not registered with my insurance company. They tried to make a claim with my insurance company which was denied.

[IAAL]

Thanks for the quick response. My daughter was driving about 50 to 55 mph on a divided hiway at close to the posted limit. She has an Iowa provisional driver's licence, issed to drivers between 16 and 18 years old. It had just started to rain and she hit a wet, slipperly spot on the road and lost control of the car. She had just moved in with me in Minneapolis so she was not registered with my insurance company. They tried to make a claim with my insurance company which was denied.

My response:

Since people drive every day on wet roads, and assuming what you're saying is true about "driving about 50 to 55 mph", then she was obviously negligent. People do not normally lose control of their vehicle under such conditions unless negligence is involved.

The problem is not yours, however. A parent is only liable for the "malicious, purposeful" acts (torts) of their minor children; not their negligent acts.

Also, she was probably violating Iowa law, which would also be a violation in MN, for driving on a Provisional license with another person in the vehicle - - unless that person was an adult, and that it wasn't dusk or nighttime when the incident occurred.

What are the grounds of the lawsuit? What court was the action filed? Did you sign the application for her driver's license? How long had she been driving up to that point; e.g., weeks, months? How long had she been in MN when this incident happened?

IAAL

[pinecone45]

Yes , there is no question that she was negligent. She has had her licence for about three months, and living with me for about the same time peroid. I believe she is able to drive alone or with other minors with that licence in Iowa.
And yes I did sign her licence application in Iowa. I recieved a certified letter from the Iowa District Court, small claims division, hand written by the owner of the car just stating the fact that my minor daughter was driving his car, which was in a one car accident,and resulted in a total loss. I have to respond within 20 days.

[IAAL]

Yes , there is no question that she was negligent. She has had her licence for about three months, and living with me for about the same time peroid. I believe she is able to drive alone or with other minors with that licence in Iowa.
And yes I did sign her licence application in Iowa. I recieved a certified letter from the Iowa District Court, small claims division, hand written by the owner of the car just stating the fact that my minor daughter was driving his car, which was in a one car accident,and resulted in a total loss. I have to respond within 20 days.

My response:

Using the Iowa form, file your denial of the allegations. Let the judge decide, and determine, that you're not liable. If the Plaintiff didn't file against your daughter, then the Plaintiff made a big mistake.

Good luck to you.

IAAL

[pinecone45]

Thanks IAAL,
Your advice has made me rest a bit easier. One last question. If the judge does find that I'm not liable can he go ahead and sue my daughter then?

[IAAL]

Thanks IAAL,
Your advice has made me rest a bit easier. One last question. If the judge does find that I'm not liable can he go ahead and sue my daughter then?

My response:

The judge can't do anything to your daughter unless there's a complaint sitting on his desk in front of him that names your daughter as a Defendant. Now, if you're talking about the Plaintiff, yes, he/she can refile against your daughter as long as he does so within the Statute of Limitations.

If your daughter gets sued, you need to go with her and appear in court with her as her Guardian ad Litem for the lawsuit.

IAAL