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Unlicensed 13-Year-Old Crashed a Car During a Joyride

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  • 03-10-2014, 11:10 AM
    monaxc
    Unlicensed 13-Year-Old Crashed a Car During a Joyride
    My question involves a traffic accident in the State of: New Mexico

    My un licensed 13 year old went joy riding with her 15 year old cousin while spending the night at her aunts. My 13 year old hit a car and caused minimal damage. The 15 year old cousin jumped in the driver seat and went to find his mom. I was called and arrived on scene to find my child in the back of a cop car. She was released into my custody.

    Friday we received a letter addressed to my 13 year old requesting insurance information or payment. I know the accident was caused by my child. I’m concerned since the letter was addressed to my child and am unsure of what insurance information to provide as it was not my vehicle involved. According to the letter I have 30 days to contact the insurance company with a response. I am unsure of what to do.
  • 03-10-2014, 12:25 PM
    Disagreeable
    Re: Unlicensed 13-Year-Old Crashed a Car During a Joyride
    Open up your checkbook and her college fund.
  • 03-10-2014, 12:26 PM
    brownj12
    Re: Unlicensed 13-Year-Old Crashed a Car During a Joyride
    Quote:

    Quoting monaxc
    View Post
    I’m concerned since the letter was addressed to my child and am unsure of what insurance information to provide as it was not my vehicle involved. According to the letter I have 30 days to contact the insurance company with a response. I am unsure of what to do.

    This is pretty simply an uninsured driver situation. Since I assume you have no insurance policies that would cover your child you will have to pay out of pocket. The vehicle involved is not part of the equation here, even if it was your vehicle your insurance company would not cover this as it was an unlicensed driver (they may actually pay out and then come after your daughter for their loss).

    You should contact the insurance company. If you don't have enough money to settle right now they may be open to working out a payment plan. If you don't contact them you can expect a lawsuit, insurance companies have large legal teams exactly for this purpose.
  • 03-10-2014, 12:52 PM
    Dogmatique
    Re: Unlicensed 13-Year-Old Crashed a Car During a Joyride
    Out of interest, what criminal charges are pending?
  • 03-10-2014, 01:19 PM
    jk
    Re: Unlicensed 13-Year-Old Crashed a Car During a Joyride
    You need to be speaking with a lawyer for both the criminal issues and the civil issues. The owners insurance policy may actually have liability here. We do not have any information that would include or preclude the owner from having liability. Along with that, the insurance company may or may not have any recourse against your child.

    way too many possibilities; way to little information.


    Speak with with an attorney who can review the actual facts and give you an opinion on the matter.
  • 03-10-2014, 02:24 PM
    Mr. Knowitall
    Re: Unlicensed 13-Year-Old Crashed a Car During a Joyride
    Quote:

    Quoting Disagreeable
    View Post
    Open up your checkbook and her college fund.

    Parental liability for the car damage is not a given here, as the aunt was supervising the children at the time they took the car. The parental liability statute applies when the child willfully or maliciously causes an injury or destroys property, so that would appear inapplicable. Also that statute has a $4,000 cap.
    Quote:

    Quoting monaxc
    View Post
    Friday we received a letter addressed to my 13 year old requesting insurance information or payment.

    That may be the standard form letter they send to at-fault drivers when they have no insurance information, and it may go out without regard to age. If the processing of the claim has reached that point, how much money is the insurance company requesting?
  • 03-10-2014, 04:58 PM
    Disagreeable
    Re: Unlicensed 13-Year-Old Crashed a Car During a Joyride
    I don't think the unlicensed 13 year old slipped behind the wheel and accidentally put it in drive. Call me skeptical.
  • 03-10-2014, 05:09 PM
    Mr. Knowitall
    Re: Unlicensed 13-Year-Old Crashed a Car During a Joyride
    The fact that you intentionally drive a car does not mean that you intentionally crash it or that the damage resulting from the accident was intentionally caused.
  • 03-10-2014, 05:43 PM
    Disagreeable
    Re: Unlicensed 13-Year-Old Crashed a Car During a Joyride
    Everyone is free to draw their own interpretations. Here are the definitions for the act which child appears to fall under:

    http://law.justia.com/codes/new-mexi...section32A-2-3

    Here is the act itself which appears to apply by definition:

    http://law.justia.com/codes/new-mexi...2-27-d417.html
  • 03-10-2014, 05:46 PM
    jk
    Re: Unlicensed 13-Year-Old Crashed a Car During a Joyride
    Quote:

    Quoting Disagreeable
    View Post
    Everyone is free to draw their own interpretations. Here are the definitions for the act which child appears to fall under:

    http://law.justia.com/codes/new-mexi...section32A-2-3

    Here is the act itself which appears to apply by definition:

    http://law.justia.com/codes/new-mexi...2-27-d417.html

    Quote:

    A. Any person may recover damages not to exceed four thousand dollars ($4,000) in a civil action in a court or tribunal of competent jurisdiction from the parent or guardian having custody and control of a child when the child has maliciously or willfully injured a person or damaged, destroyed or deprived use of property, real or personal, belonging to the person bringing the action.
    so, first, determine who had custody or control of the 13 year old. It might be not the OP ;)

    then, an accident, by definition, cannot be willful nor malicious.
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