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A family friend was parked in front of an elemetary school…

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A family friend was parked...
A family friend was parked in front of an elemetary school and handed my 17 year old unlicensed son the keys and told him to move it. While moving the truck my son hit a parked car, the owner of the truck does not want to file on his insurance and wants me to get with the owner of the car to pay for the damages. I have called my insurance company and they told me the truck owner is liable. How do I handle this if he is not wanting to claim responsibility, and are we liable?
Submitted: 8 years ago.Category: Legal
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Answered in 6 minutes by:
6/21/2010
Lawyer: Justice4U, Attorney replied 8 years ago
Justice4U
Justice4U, Attorney
Category: Legal
Satisfied Customers: 11,396
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If yous son is an insured dirver in your household, then he should be covered via his policy. If he is not an insured driver, then he woulld generally be liable for such an accident. I state "generally" as you state your son was told to move the vehicle. You have an reasonable argument that the owner is partly or completely responsible as he directed the minor to move the vehicle. This will be a matter of argument or perhaps negotiation. You should instruct the car owner to file a claim against the truck owner's policy. Provide the information. That may resolve the claim or the insurance company may pursue your son for reimbursement.

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Please click on the ACCEPT button for my answer so that I receive credit for assisting you. You may continue to ask follow-up questions after accepting. If the information is helpful, I would very much appreciate positive feedback. Bonuses are also appreciated. The responses do not create an attorney-client relationship and are informational only.
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Customer reply replied 8 years ago
The owner of the vehicle my son was idriving is refusing to file on his insurance are we liable.
Lawyer: Justice4U, Attorney replied 8 years ago
The other owner may still file a claim without the truck owner's permission. His insurance company may not cover the claim unless it is clear he is liable. The law requires a vehicle to be covered by liability insurance which pays a claim whether or not the owner agrees. The insurance company will investigate the claim and determine responsibility for the accident. Generally your son would be responsible, but here your son was a minor directed to move the vehicle. The vehicle was moved for the owners benefit and at his direction by the minor. Arguably, he is liable for all or part of the claim. If your son had borrowed the vehicle for his own benefit, it would be clearly his responsibility.

The answer is that both the owner and your son are liable under a vicarious liability or a negligent entrustment theory. The owner of the car can file a claim with the truck owner's policy. Your son may be sued by either the car owner, truck owner or truck owner's insurance provider.

Thank you

Please click on the ACCEPT button for my answer so that I receive credit for assisting you. You may continue to ask follow-up questions after accepting. If the information is helpful, I would very much appreciate positive feedback. Bonuses are also appreciated. The responses do not create an attorney-client relationship and are informational only.
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