Minor Hit and Run, no license Help!!

[bobnurse]

Im crapping my pants and needs some knowledge.......Heres the story:

My step daughter 15 decides to take the car out while my wife is asleep, rear ends a car, drives back home...WIfe gets awoken by the police with daughter in handcuffs being arrested for felony hit and run, plus no license, and a few other tickets.......

SO, Im concerned about my liabilities....THe other person went to the hospital, not sure of the extent of her injuires, but im assuming their minor as described by the police officer. Also minimal damage to the vehicles.

So Im worried about being sued (spelling?) for millions. Am i liable for the minors actions, if she basically stole the car? Im not worried about the tickets, court fees, lawyer fees, and so forth.....ITs being sued for "pain and suffering" by the other party in the accident. I was told they could sue her but not us? Is this true?

SO all the info anyone can offer will greatly be appreciated.

Bobby

 

[NYClex]

Normally parents are not responsible for the torts their children commit. But they can be responsible themselves if they were unreasonable in a llack of supervising their kids or in negligently letting kids have access to dangerous instruments, like cars etc.

In addition, most states have certain automobile liability statutes where the owner of the auto is being made liable for damage anyone causes by using the car.

Your insurance agent should be able to tell you for what you would be liable in your state and how far you are covered by your insurance.

 

[lwpat]

You and your wife need legal and professional assistance. You are in a difficult position as a stepfather and both of you need to be on the same page with the daughter.

The first thing I would do is to insist on a drug test. This may sound harsh and I am sure that your wife will balk but this needs to be done. Then set up family counseling. If you do not take immediate steps the situation will only get worse.

In most states parents are responsible for the damages caused by the criminal actions of their kids. In this I disagree with NYCLEX and is why you need a local attorney. Check out the find an attorney link on this site. If no one is listed send me an email.

 

[bobnurse]

Thanks....

We are waiting to get all the documentation and speak to a family attorney.
Im just worried, but this seems to be clearly a scam on the victims part. Naturally we dont know this for sure, but everyone involves believes so.......

impact was at 8-10 miles per hour.....she was in a SUV..car want under her..so not sure of how much impact she actually felt.

I think the minor driving off gave her reason to go for the gusto.........

 

[NYClex]

lwpat is surely right. While in general parents are not responsible for the torts the children commit, there very often is a way to argue a case so that the parents will be liable anyway, mostly by arguing that they were negligent in supervising their children, as could probably be argued here. Therefore the result is the same: the parents might have to pay damages. In addition, most states provide that if a family member takes the family car and causes damage with it, the owner of the car is liable. Again the same result.

So yes, you should consult an attorney.

 

[bobnurse]

Our insurance is covering this......Yeah!!!!

Now we must wait for the lawsuit......We did speak to our attorney. He said that it would be difficult to prove that we were negligent in allowing her to drive. We have never let her, the keys were in the wifes purse.

WE did drug test her......Negative
SHe is in the hospital (Psych) for depression, and also a possible bipolar disorder....

So, does her mental disorder help us if the other party tries to sue us?