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  1. #1

    Question Unlicensed and Uninsured

    My question involves an injury that occurred in the state of: California
    My 16 yr. old unlicensed and therefore uninsured son, was driving the car of a licensed, insured drunk teenager. She gave him the keys. He drive off an enbankment on a one lane dirt road, no injuries but the car is totaled. The car was insured but had no collision due to the fact the the driver had totaled her last car and her parents did not want to pay for it. Is my son responsible for 100% of the the replacement or partial?

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: Unlicensed and Uninsured

    Is my son responsible for 100% of the the replacement or partial?
    most likely. He knew he did not have a license and as such was not allowed to drive. Even though the owner gave him the keys, she was apparently intoxicated and as such, not capable of making a rational decision. That puts it on your son.

  3. #3
    Join Date
    Apr 2009
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    Inland Empire
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    Default Re: Unlicensed and Uninsured

    Quote Quoting jk
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    most likely. He knew he did not have a license and as such was not allowed to drive. Even though the owner gave him the keys, she was apparently intoxicated and as such, not capable of making a rational decision. That puts it on your son.
    He would be responsible for the fair market value of the vehicle. Not the replacement value.

  4. #4
    Join Date
    Jan 2010
    Location
    New Jersey
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    3,656

    Default Re: Unlicensed and Uninsured

    Quote Quoting jk
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    most likely. He knew he did not have a license and as such was not allowed to drive. Even though the owner gave him the keys, she was apparently intoxicated and as such, not capable of making a rational decision. That puts it on your son.
    Quote Quoting Antigone
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    He would be responsible for the fair market value of the vehicle. Not the replacement value.

    You do mean that mom would be liable for the FMV, don't you? Remember he is a minor (under the legal age of full responsibility).

  5. #5
    Join Date
    Jan 2006
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    38,867

    Default Re: Unlicensed and Uninsured

    Quote Quoting Who'sThatGuy
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    You do mean that mom would be liable for the FMV, don't you? Remember he is a minor (under the legal age of full responsibility).
    parents are not automatically responsible for their minor children's debts.
    Here is an excerpt from a site that explains things a bit:

    Parents are responsible if the parent has knowledge of the child's potential for misconduct and fails to take reasonable steps to prevent such misconduct; if the parent has signed the child's driver's license application or the child drives the parent's car with the parent's knowledge and permission; if the child is guilty of willful misconduct; or if the child is given ready access to a firearm.
    so, unless the mother was aware of the situation and did nothing to prevent it, mom is probably not going to be held liable.

    Quote Quoting Antigone
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    He would be responsible for the fair market value of the vehicle. Not the replacement value.
    ya ya I know. I just overlooked that but in a perfect world, fair market value is replacement value when dealing with cars.

  6. #6
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Unlicensed and Uninsured

    Unlicensed & uninsured - not a good combination.

    Agree with jk.

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