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Hit by an Uninsured, Unlicensed Teenage Driver

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  • 07-02-2013, 09:41 PM
    welcom2MYjungle
    Hit by an Uninsured, Unlicensed Teenage Driver
    My question involves an injury that occurred in the state of: It's not really an injury but I wasn't sure where else to go. This seems close enough to me. Inform me where to go otherwise.

    Essentially I was hit by an uninsured, unlicensed, teen motorist and he took off. The police found him and now I want to take him to small claims for the damages. Also I want to pursue a Negligence claim. I am unsure of how much to look for here. But I figure I can go after the son and the mother since the mother in a statement to police, said that she allowed him to leave with the car to go to the store for her. I did my research and both of them could be gone after for Negligence. I don't want to ask for too much but I also don't want to go for too little. Any help here would be great. Thanks for any advice in advance.
  • 07-02-2013, 10:01 PM
    Lehk
    Re: Uninsured, Hit and Run, Negligence
    the amount to sue for would be the damage to your car plus the medical costs incurred plus any lost work or rental car expense.

    you did not list your state as instructed but you may be able to sue the mother under vicarious liability or negligent entrustment
  • 07-02-2013, 10:30 PM
    adjusterjack
    Re: Uninsured, Hit and Run, Negligence
    Quote:

    Quoting welcom2MYjungle
    View Post
    now I want to take him to small claims for the damages. Also I want to pursue a Negligence claim.

    Same thing. You don't win damages unless the other driver was negligent.

    Quote:

    Quoting welcom2MYjungle
    View Post
    I figure I can go after the son and the mother since the mother in a statement to police, said that she allowed him to leave with the car to go to the store for her. I did my research and both of them could be gone after for Negligence.

    You could certainly go after both but have you determined whether the mother had liability insurance on her car?

    Quote:

    Quoting welcom2MYjungle
    View Post
    I don't want to ask for too much but I also don't want to go for too little.

    That doesn't make sense. You wrote "It's not really an injury." If you weren't injured you don't get too much or too little, you get what it costs to fix your car.
  • 07-04-2013, 01:46 PM
    welcom2MYjungle
    Re: Hit by an Uninsured, Unlicensed Teenage Driver
    I'm in the state of Pennsylvania. I was looking to get the damages covered and the other driver's insurance denied the claim saying the car was not covered at the time of the accident or it was because the son was not on the policy. The son (the driver) was underage and did not have a license. The mother let him leave with the car to go get some stuff from a store. I looked into Negligence and from my understanding, it looks at the actions of a person and decides whether the typical law abiding citizen would act in that way. I figured the mom was negligent for allowing her unlicensed son to drive her vehicle and he wasn't covered under insurance. Also I figured the son could be found equally guilty for even getting in the car and driving without a license and for fleeing the scene of the accident. Assuming that the typical law abiding citizen reference would not drive a vehicle if not licensed, would stop if there was an accident, and would not allow someone to take their vehicle if unlicensed (in the perspective of the mother and son).

    If I'm entirely wrong in this, fine, not a big deal. But I figured I had a case, and it makes sense to me. But then again, that's why I am coming to a forum asking for help. I'm no expert. Thanks for the advice so far guys.
  • 07-04-2013, 02:54 PM
    jk
    Re: Hit by an Uninsured, Unlicensed Teenage Driver
    the basis for your claim against the son are not valid, at least as stated. Leaving the scene has nothing to do with the situation, as far as negligence goes, and you have not described the cause of the accident so as to be able to determine if there was negligence and what level of negligence.

    the basis for your claim against the mother might be/


    none of it has anything to do with whether there was insurance coverage or not. It has to do with whether the actions that got you to where you are were negligent. If the mother was aware her son should not be driving for some reason (not the legality of the insurance issue though) and allowed him to drive, then there is negligence on her part.
  • 07-04-2013, 03:10 PM
    adjusterjack
    Re: Hit by an Uninsured, Unlicensed Teenage Driver
    Quote:

    Quoting welcom2MYjungle
    View Post
    I'm in the state of Pennsylvania. I was looking to get the damages covered and the other driver's insurance denied the claim saying the car was not covered at the time of the accident or it was because the son was not on the policy.

    Did you get a denial letter?

    What, exactly, did it say?

    Quote:

    Quoting welcom2MYjungle
    View Post
    I figured the mom was negligent for allowing her unlicensed son to drive her vehicle and he wasn't covered under insurance.

    No.

    By themselves, those two elements are not sufficient to prove negligent entrustment.

    The following 2009 court decision from the US District Court for the Eastern District of PA makes that clear. There are additional elements required. I won't quote parts of the decision because the entire case involved similar details as your where the son was sued for negligence and the mother was sued for negligent entrustment and the court ruled in her favor by finding no evidence of negligence on her part .

    http://www.paed.uscourts.gov/documen...s/09D0459P.pdf

    You might have the additional elements, and coupled with the other two, might prove negligent entrustment. You just have to understand that you have to prove ALL of the elements of negligent entrustment, not just some of them.

    Quote:

    Quoting welcom2MYjungle
    View Post
    Also I figured the son could be found equally guilty for even getting in the car and driving without a license and for fleeing the scene of the accident. Assuming that the typical law abiding citizen reference would not drive a vehicle if not licensed, would stop if there was an accident, and would not allow someone to take their vehicle if unlicensed (in the perspective of the mother and son).

    Also no.

    Those are not the elements of negligence. You haven't explained what the driver did to cause the accident. It's there that you will find (or not find) negligence. Getting in the car was not the proximate cause of the accident. Driving without a license was not the proximate cause of the accident. Fleeing the scene was not the proximate cause the accident.

    Negligence involves proximate cause. In other words an act or omission that immediately results in the accident.

    What the driver did or didn't do in the moment just preceding the collision is what counts.

    What exactly did the driver do that was the proximate cause of the accident. For example: Run a red light or stop sign, follow too closely, failed to control vehicle, something else?
  • 07-11-2013, 10:47 AM
    welcom2MYjungle
    Re: Hit by an Uninsured, Unlicensed Teenage Driver
    Alright, I realize I need to clarify a few things; sorry for being so vague.

    The situation: I was pulling into the parking space directly next to the vehicle that collided with me in parking lot at a gas station, when the driver of the vehicle jumped into his car, put it in reverse, and backed out at a quick rate. He did not look behind him while he did that, causing his rear end to collide with the side of my vehicle. He looked back and made eye contact with me and sped off.

    Why I think I have a case: (1) a legal duty; (2) a breach of that duty; (3) causation between the conduct and injury; and (4) actual damages. I figure he has the legal duty to be aware of everything on the road and to keep his vehicle in control at all times (He probably would have learned to back out properly if he had a driver's license:rolleyes:) I assume he broke that duty by not looking while backing out and doing so in such a fast rate. His negligence to pay attention and be mindful to other drivers or pedestrians was a direct cause of his accident. I feel even more so because I was mindful to him pulling out and I saw it coming but I was in no position to prevent the accident from occurring. And the actual damages were the damages to the car itself.

    The mother: Quoted from the police report: "***** did advise that she had allowed ***** (her son) to leave the residence so he could go to the Turkey Hill to buy her a soda." Also her son "did advise to having been operating the vehicle and advised that he did not possess a valid Pa. Drivers license"

    Why I think I have a case: I think I have Negligent Entrustment here. It is negligence to permit a third person to use a thing or to engage in an activity which is under the control of the actor, if the actor knows or should know that such person intends or is likely to use the thing or to conduct himself in the activity in such a manner as to create an unreasonable risk of harm to others. So she gave permission to her son who isn't licensed to drive her vehicle and without his license he is not legally able to operate a vehicle and it demonstrates that he has a lack of knowledge to operate a vehicle in general and is probably deficient in knowledge of the laws of the road. Thus, putting an unreasonable risk of harm to himself and others on the road. Not to mention, I Googled their address and the closest turkey hill was half a mile away from the house. If she wanted the soda she should have driven herself and if for some reason she couldn't leave the house and it was a MUST HAVE soda, then he could have walked to the Turkey Hill closest to the residence. Instead he illegally drove a vehicle to a Turkey Hill over 10 minutes from his house.

    The denial letter: "Safe Auto regrets denial of any claim as a result of this accident... we are offered no other recourse since the insured's policy was not in force at the time of loss." That was the letter sent from her insurance company.

    I hope this covers everything. You guys have been great so far, and that case adjustedjack posted was very helpful as well.
  • 07-11-2013, 03:02 PM
    jk
    Re: Hit by an Uninsured, Unlicensed Teenage Driver
    Let's figure you actually won this. Just what do you believe the driver or the mother has to pay a judgment? Winning is only step one. Collections on the judgement is often the hardest part.
  • 07-11-2013, 03:26 PM
    adjusterjack
    Re: Hit by an Uninsured, Unlicensed Teenage Driver
    Quote:

    Quoting welcom2MYjungle
    View Post
    The situation: I was pulling into the parking space directly next to the vehicle that collided with me in parking lot at a gas station, when the driver of the vehicle jumped into his car, put it in reverse, and backed out at a quick rate. He did not look behind him while he did that, causing his rear end to collide with the side of my vehicle. He looked back and made eye contact with me and sped off.

    OK. Pretty much no question about the kid's negligence for backing up and hitting you.

    Quote:

    Quoting welcom2MYjungle
    View Post
    The mother: Quoted from the police report: "***** did advise that she had allowed ***** (her son) to leave the residence so he could go to the Turkey Hill to buy her a soda." Also her son "did advise to having been operating the vehicle and advised that he did not possess a valid Pa. Drivers license"

    Still iffy based on the case I cited. But I would certainly include her as a defendant and bring all that to the attention of the court.

    Quote:

    Quoting welcom2MYjungle
    View Post
    The denial letter: "Safe Auto regrets denial of any claim as a result of this accident... we are offered no other recourse since the insured's policy was not in force at the time of loss." That was the letter sent from her insurance company.

    That's the bad news. It wasn't a matter of the kid or the car not being covered. The policy lapsed so nothing is covered.

    Low lifes who don't have car insurance tend not to have money to pay judgments, don't care about trashed credit, and probably ignore lawsuits altogether.

    So, even if you win, you'll have a tough time collecting, especially since PA doesn't allow wage garnishment.
  • 07-11-2013, 05:13 PM
    wv123
    Re: Hit by an Uninsured, Unlicensed Teenage Driver
    You should go to a chiropractor. Even if you don't feel pain right away, a week later you start hurting, you are like... what is this? Well, it was the car accident a week earlier, takes time for the injuries to be felt. Even being hit in a parking lot, the kinetic energy running through the car and in to your body and also the way you tense up etc can cause soft tissue damage. I had a case like that, the other guy's insurance gave me a bunch of crap, so I printed out the study on soft tissue damage at low speeds sent it to them with my chiropractor bill, a log of the time I missed from work being at chiropractor and on the phone dicking with them, and doubled it for suffering, they sent a check. You can probably get something out of the mom if not the kid. The kid ran from the scene. The kid is lucky he/she doesn't go to jail for that. If you go to small claims, you should be able to get $5000, send it off to collections, they keep some of it, but you should get 75% or so.
    Since the kid had no license, and mom gave permission, they should be 100% liable. It really is in their interest to pay it. Don't listen to crap like they have no money. They have a car. They are going to gas station to buy a soda. They no doubt have Netflix and smart phones. They can pay you.
    If it was my kid, you can bet I would be at your house with my kid apologizing and offering you some money now begging you to let it drop.
  • 07-11-2013, 09:49 PM
    Lehk
    Re: Hit by an Uninsured, Unlicensed Teenage Driver
    not a chiro, go to a real doctor if you have back pain.
  • 07-12-2013, 07:09 AM
    adjusterjack
    Re: Hit by an Uninsured, Unlicensed Teenage Driver
    Quote:

    Quoting Lehk
    View Post
    not a chiro, go to a real doctor if you have back pain.

    Ditto.

    Chiropractors are notorious for overcharging and overtreating.

    Insurance companies routinely dispute chiropractic costs by offering a fraction of the amount charged.
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