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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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What would happen if a grand child was involved in a auto

Customer Question

what would happen if a grand child was involved in a auto accident and was driving on
a learners permit the car is in grandfathers name and has insurance and the child was alone no one 21 or over was with her
state of fla. palm beach county
Submitted: 2 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 2 years ago.

Thank you for your question. Please permit me to assist you with your concerns.

What would happen as far as what exactly, are you asking who is liable and for what? Did the grandchild have permission to use the vehicle? Was the grandchild found to be at fault for the accident?

Customer: replied 2 years ago.
nothing has happened yet I just want to know what would happen because she has a job and I can,t go with her all the time I would like to know with/without my permission and if it was her fault or the other person either way
yhank you
Expert:  Dimitry K., Esq. replied 2 years ago.

Hi,

I will try to break this down each way for you.

Under Florida law the OWNER of the vehicle is always responsible for damages. That means that even if the grandchild was driving, the victim of the accident can file suit both against the operator of the vehicle and the owner for damages, and likewise can sue the owner of the vehicle in this instance. This does not apply if the car was taken without permission, as that would be theft, but then the grandparents would have to formally press charges criminally against their grandchild.

Now, as far as whose fault is it, that is generally up to the courts. Before that happens the insurance companies tend to get together and try to assign fault. If she is not at fault, she can contact the other person's insurance and file a claim. Likewise that person or persons can do the same against the owner of the vehicle. If the insurers cannot figure out who is at fault and the parties refuse to settle, it can then go to court where the judge can assign percentages of liability or state who was at fault.

Sincerely,

Dimitry, Esq.