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Someone I know who is a teenager and newly licensed (less than

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3 months) less than 24...
Someone I know who is a teenager and newly licensed (less than 3 months) less than 24 hours ago, apparently lost control of his car, went off the road, snapped off a road sign, damaged the right side of his car. Not knowing what to do he went home told his parents. No injury, no passengers, no witnesses, just a smashed passenger door side of a old used car (still operable) and a terrified teenager. i have looked to get information to provide a sense of what the teen responsible to do and want to advise him of what he is obligated to do and what is proper? can you tell me the proper and legal way to respond to this situation?
Submitted: 8 years ago.Category: Legal
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4/1/2009
Lawyer: Law Educator, Esq., Attorney replied 8 years ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 119,473
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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He should have made a report to the police immediately, since he is liable for he damage to the sign and the insurance will have to pay that amount. He is likely to get cited now at the minimum for failure to report an accident and may even get cited for hit and run driving which could result in a loss/suspension of his license. Chances are that if the parents bring him to the police now to make the report, based upon the circumstances, they may not give him a citation, but this is a risk they take.


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Customer reply replied 8 years ago

Any other issues or factors the teen needs to account for or represent?

Any reasons that would help explain why the teen did not come in immediately?

Also what will the teen need to explain and what information will he need to provide to the police?

should he have an attorney?
Lawyer: Law Educator, Esq., Attorney replied 8 years ago
The teen will need to explain how they lost control and why (speed, etc.).

The only reason you can give is that the teen was shaken, scared and did not know what to do and that because there were no other vehicles involved the teen decided to go home to talk to his parents about it.

At this point the teen will need to explain where he was going, what he was doing when the accident happend, his speed the road conditions and his reasons for not calling the police and waiting so long. He will be questioned about drinking alcohol and/or drug use at the time of the accident.

It is always helpful in these matters for the person to go in with an attorney to speak to the police since anything he says will be used against him.

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Customer reply replied 8 years ago

Don't know if there is a "story behind the story" but am 1000% sure it is not alcohol or drug related

Are the parents are also legally responsible to bring this forward as well?



Lawyer: Law Educator, Esq., Attorney replied 8 years ago
There is ALWAYS a story behind the story with teenagers (well, just about always). The parents are legally responsible for the actions of their minor and for the damage the minor caused if there was no insurance. Yes, the parents have a legal duty to report this and they can be charged along with the minor if they try to conceal it.
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Customer reply replied 8 years ago
Thanks and last question

There is insurance, the teen is a very good kid (easy to say but in this instance true), the parents ultimately will bring this forward today, but currently are insisting their teen take this initiative on his own. They want their teen to learn a life lesson, certainly hope that he is not unduly punished, don't want additional expense and just coming to grips with the issue.

Is it appropriate for restitution to be offered and what might be appropriate?

Lawyer: Law Educator, Esq., Attorney replied 8 years ago
They need to not just abandon the teen, they should accompany him to the report. He should not be unduly punished, even if he gets a ticket the court would likely give him a break on the first offense being a new driver. They should not offer anything at this point other than making a report. If he is given a ticket, then they need to go to court with their attorney and work out a deal there. Restitution is up to the insurer.
Law Educator, Esq.
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Customer reply replied 8 years ago
They won't and many thanks for truly helpful advice!
Lawyer: Law Educator, Esq., Attorney replied 8 years ago
No problem, thank you.
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