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An 18 yr old boy ran into my daughters car (his fault) and…

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An 18 yr old boy...
An 18 yr old boy ran into my daughters car (his fault) and caused damage. He gave us his insurance card.

When we filed a claim they said the boy is no longer insured on his fathers policy. He has not been for over 6 months. The car is in his dads name.

What can we do?
Submitted: 6 years ago.Category: Criminal Law
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Answered in 2 minutes by:
2/21/2012
Criminal Lawyer: JB Umphrey, Lawyer replied 6 years ago
JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20,233
Experience: Handling criminal and probation matters for over 14 years.
Verified
Hi and thank you for using JustAnswer!

I am sorry to learn of these circumstances. You can sue the 18-year-old in small claims court and he will become personally responsible for paying the debt.

It has been my pleasure to assist you today with your information needs. If you have a follow-up question, please reply and ask it.

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.
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If you have other questions, you can ask me at http://www.justanswer.com/law/expert-jb-umphrey/. Or there are also other Experts ready to assist you in a range of Legal specialties, Veterinary, Cars and others – you can reach them via the www.justanswer.com homepage.
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Customer reply replied 6 years ago
I assumed I could sue the boy. What about his insurance or his dad? I was obligated to keep insurance on my kids and anyone who drives my car. Why not him? My insurance company even made me send in proof that my kids got their own policy before they would remove them from mine.
Criminal Lawyer: JB Umphrey, Lawyer replied 6 years ago
If the 18-year-old is not a named insured on the policy, the insurance company cannot be sued. The insurance company has no legal duty to you at all.

The dad cannot be sued because the 18-year-old is an adult and it is the 18-year-old who caused the damage. The dad is no longer responsible for the legal errors of the child. The child is now an adult.

I hope this helps to clarify things.

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.
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If you have other questions, you can ask me at http://www.justanswer.com/law/expert-jb-umphrey/. Or there are also other Experts ready to assist you in a range of Legal specialties, Veterinary, Cars and others – you can reach them via the www.justanswer.com homepage.
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Customer reply replied 6 years ago
And it is okay for him to let someone who is uninsured drive his car?
Criminal Lawyer: JB Umphrey, Lawyer replied 6 years ago
That's between him and the insurance company. It does not give you an independent legal basis to sue the owner.

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.
----------------------------------------------------------------------
If you have other questions, you can ask me at http://www.justanswer.com/law/expert-jb-umphrey/. Or there are also other Experts ready to assist you in a range of Legal specialties, Veterinary, Cars and others – you can reach them via the www.justanswer.com homepage.
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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20,233
Experience: Handling criminal and probation matters for over 14 years.
Verified
JB Umphrey and 87 other Criminal Law Specialists are ready to help you
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Customer reply replied 6 years ago
Thank you. This has been very helpful.
Criminal Lawyer: JB Umphrey, Lawyer replied 6 years ago
You are most welcome. Good luck.
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