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LawTalk
LawTalk, Attorney
Category: Legal
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Experience:  I am a practicing attorney with more than 30 years of experience in the legal field.
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a 17year old just got her drivers Lic. a couple weeks ago,

Resolved Question:

a 17year old just got her drivers Lic. a couple weeks ago, she was useing her brothers girlfriends car, she let her boyfriend drive the car. Her boyfriend is 15 and of course has no drivers Lic. The boyfriend rolled the car, totaled it. They kids were only bagged up a little. The tow bill came to over $800. The Car is not paid for. There was little property damage to a fence. The kids lied to us and the police and Said The girl was driving, how do I fix this? And what will happen to the girl for letting her boyfriend drive.
Submitted: 5 years ago.
Category: Legal
Expert:  LawTalk replied 5 years ago.
Good afternoon,

Can you tell me who you are--and why this is something for you to fix. This is important as it may have criminal implications.

I’ll put forth my best effort in assisting you. When you are able to respond to my request for clarification of your situation, I’ll be able to assist you. In the meantime I would ask that you please stay on-line, just in case I need additional clarification from you regarding the factual circumstances relating to your question. Thank you for allowing me to help.

Regards,

Doug
Customer: replied 5 years ago.
I am the 17 year old girls mother
Customer: replied 5 years ago.

I'm not sure what else you need to know

 

Expert:  LawTalk replied 5 years ago.
Good morning,

You, really can't "fix" the problem. Here are the issues you are facing:

1. She lied to the police. That is a crime, though not often prosecuted.
2. If there is insurance on the totaled car, and she gives a statement to the insurance company and lies again, she could be charged with insurance fraud--potentially a felony.
3. Since she admitted responsibility for the wreck, she can expect some sort of traffic citation and points on her driving record for the accident.
4. When your insurance company learns of her wreck, your premiums may skyrocket for as many as 3 to 5 years in the future, even though she only lives under your roof.
5. Your daughter will have sky high auto insurance premiums for at least the next few years, possibly into her mid 20's if she tries to get her own coverage.
6. You and your daughter could be sued by the owner of the vehicle. Her for either negligence in operating the vehicle, or for the negligent entrustment of the car to an unlicensed 15 year old driver--You, for having signed off on her drivers license, if she sticks to the story that she was driving.

I think I have covered all the potential problems. That being said, you need to encourage your daughter to act like an adult, and admit to everyone what really happened. She will need to notify the police of the change in her story and accept any punishment that might come her way---it's way better than a possible felony rap for insurance fraud.

Your daughter shares in responsibility for the damage to the vehicle and the other property damaged in the wreck as a direct result of her negligent entrustment. She needs to understand that she may well be charged with paying some or all of the damages out of her own pocket if it turns out that there was no insurance on the other car.

I'm glad that no one was seriously hurt in the wreck.

The fix here will come from your daughter, not from you. If she will not voluntarily own up to the facts, then I suggest that you notify all parties involved of those facts, including the police, and let the chips fall where they may.

I wish you and your family well.

Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you.

Best regards,

Doug

LawTalk, Attorney
Category: Legal
Satisfied Customers: 27887
Experience: I am a practicing attorney with more than 30 years of experience in the legal field.
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