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  1. #1
    Join Date
    Jan 2009
    Posts
    5

    Default Accident with a Borrowed Car - Minor with No License

    My question involves a traffic accident in the State of: Kansas

    My son allowed a fellow student to drive his car up the street and back, however, she went over 3 miles away to p/u a friend then while driving 60 MPH on a gravel road, flipped the car and totaled it. All passengers was not hurt but car is totalled. The driver had no DL. Who pays? Since the car only had liability, I don't even want to make a claim, my son was cited for allowing a minor to drive and the driver was cited for speeding, wreckless driving and no DL.

  2. #2
    Join Date
    Apr 2008
    Location
    Texas (Dallas area)
    Posts
    1,404

    Default Re: Accident with a Borrowed Car- Minor with No DL

    Quote Quoting Bonnerbru
    View Post
    My question involves a traffic accident in the State of: Kansas

    My son allowed a fellow student to drive his car up the street and back, however, she went over 3 miles away to p/u a friend then while driving 60 MPH on a gravel road, flipped the car and totaled it. All passengers was not hurt but car is totalled. The driver had no DL. Who pays? Since the car only had liability, I don't even want to make a claim, my son was cited for allowing a minor to drive and the driver was cited for speeding, wreckless driving and no DL.
    You can not make an insurance claim. As you stated you only had liability insurance.

    Who pays? you or your son. He lent the car to someoe who should have not been allowed to drive. If you had the collision insurance, then your insurance would have paid, but it is a mute point since he didnt have the collision insurance.

  3. #3
    Join Date
    Jan 2009
    Posts
    5

    Default Re: Accident with a Borrowed Car - Minor with No License

    Just want to clearify. Your telling me I have no legal action to take against the driver or her parents for borrowing our car and in the process of destroying it committing 3 traffic violations.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,385

    Default Re: Accident with a Borrowed Car - Minor with No License

    You told us that the car is your son's. You didn't tell us his age. When you told us that it was "his car" did you mean something else, such as, "It's my car, but I let him drive it"?

    You (or your son, if it is in fact his car) can try finding out if the driver had insurance, and making a claim against the driver's insurance. If she didn't have a license, though, it's unlikely that she's insured on her parents' policy. Teenagers don't often have a whole lot of money to pay for cars that they wreck.

  5. #5
    Join Date
    Mar 2007
    Posts
    9,085

    Default Re: Accident with a Borrowed Car - Minor with No License

    You could, of course, sue her personally.

    When the girl left in his car, why wasn't it reported stolen?

  6. #6
    Join Date
    Mar 2007
    Posts
    9,085

    Default Re: Accident with a Borrowed Car - Minor with No License

    Wait... how old was the driver?

    Why was your son cited for letting a minor drive?

  7. #7
    Join Date
    Jan 2009
    Posts
    5

    Default Re: Accident with a Borrowed Car - Minor with No License

    Quote Quoting cyjeff
    View Post
    Wait... how old was the driver?

    Why was your son cited for letting a minor drive?
    Sorry for the lack of details... I own the truck, my son is 16 and is not the owner. The driver was a 15 yr old girl- no license. She and a neighborhood friend approached my son and asked him if they could drive my truck around the block. After 5 minutes he started calling them to locate them. After 20 min he reached them to learned they drove 6 miles away to p/u another friend and coming back, driving 60 in a 35 on a gravel road, flipped the truck. All 3 girls were fine at the site but the day after 2 of the 3 went to the hospital for medical checkups. All are ok.

    Yes, my son was cited for allowing a minor to drive because when my son arrived at the accident site, he was asked by the officers if he gave them permission to drive and he said yes.

  8. #8
    Join Date
    Mar 2007
    Posts
    9,085

    Default Re: Accident with a Borrowed Car - Minor with No License

    Okay, so sue the minor's parents for the truck.

  9. #9
    Join Date
    Jan 2009
    Posts
    5

    Default Re: Accident with a Borrowed Car - Minor with No License

    Perfect... thanks!

  10. #10
    Join Date
    Mar 2007
    Posts
    9,085

    Default Re: Accident with a Borrowed Car - Minor with No License

    Quote Quoting Bonnerbru
    View Post
    Perfect... thanks!
    I also recommend some punishment for the boy... something dirty involving a shovel, a horse barn and several horses with the runs should do it.

    I have always found that hard work is a great attention getter.

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