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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 17485
Experience:  B.A.; M.B.A.; J.D.
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if a 16 year old with a driver learner permit only is involved

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if a 16 year old with a driver learner permit only is involved in a accident while driving, who is legally responsible for damages and fines. The teenager's parent are divoiced and she resides in georgia with mother. While on court ordered custody period with father, he allowed her to drive and that is when the accident occured. Father is telling daughter he will not pay her fine and may sue other parent for damages to his vehicle. 16 year old is student with no income and father rarely pays the court ordered child support or follows other court order requirements.
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Question: if a 16 year old with a driver learner permit only is involved in a accident while driving, who is legally responsible for damages and fines.




Response 1:
The owner of the vehicle that he was driving. The teenager is responsible for the fines. However, if he cannot pay, the father must pay the fines since it was his vehicle that the teenager was driving.




The teenager's parent are divoiced and she resides in georgia with mother. While on court ordered custody period with father, he allowed her to drive and that is when the accident occured. Father is telling daughter he will not pay her fine and may sue other parent for damages to his vehicle. 16 year old is student with no income and father rarely pays the court ordered child support or follows other court order requirements.




Response 2: That is 110% incorrect. The father is solely responsible for the damages and fines. His car was the one involved in the accident. He allowed the teenager to drive his car. Also and more importantly, regardless of whether the teenager was driving the car with or without his permission, he as the owner of the vehicle involved in the accident is ultimately responsible for the damages. He cannot bully his way to get the mother involved in his own business.



Customer: replied 3 years ago.


the accident happen in Flordia, and thus the ticket was issued there, it will be difficult for the child to return to court there, etc.


Does the child notify the court or do they have to somehow get legal representation, I assume they would not arrest the child if they do not appear in court. And would not want to make it any more difficult on the child to eventually obtain a full lincense. I ga they must complete some educational and driving instruction, which they were signed up for to start in January.


the accident happen in Flordia, and thus the ticket was issued there, it will be difficult for the child to return to court there, etc.


Does the child notify the court or do they have to somehow get legal representation, I assume they would not arrest the child if they do not appear in court. And would not want to make it any more difficult on the child to eventually obtain a full lincense. I ga they must complete some educational and driving instruction, which they were signed up for to start in January.

 

 

 

Response: The teenager should contact the Court. Any notice from the Court should go to the address on the Learner's Permit. Once he gets notice from the Court, legal representation should be obtained so that the Attorney can deal with the Court in Georgia.

Customer: replied 3 years ago.

one last question. Will this be handled in the GA court where the teenager lives or in the fla court where the accident happened and father resides

one last question. Will this be handled in the GA court where the teenager lives or in the fla court where the accident happened and father resides




Response: I am so sorry. I got the states all mixed up! The hearing would take place in Florida Court where the accident happened and where the father lives. The teenager would need a Florida Attorney that handles traffic cases to assist with the case.

Please let me know if you need further clarification.

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