My grandaughter is being sued after she wrecked a car that she had permission to drive.?

Question

My grandaughter is 15, and the adult is 23. The adult was intoxicated so my grandaughter offered to drive her home, they hit a soft patch of sand and then they hit a pine tree. The adult is now suing my grandaughter because insurance wouldnt cover it since my gd was driving. I forgot to mention that there were 4 other minors in the vehicle. She should be sued for distributing to minors, right? I just thought that this was kinda silly. Will it hold up in court?

Answer 1

You haven't identified your state (which is always a good idea when asking a legal question because state laws DO vary!).



I assume you mean "contributing to the delinquency of a minor?" If so, then not necessarily.



When a person borrows a vehicle, they have a duty and responsibility to return the vehicle in the same condition it was in when they borrowed it. Generally, your granddaughter would be considered responsible for the collision because she has a duty to operate the vehicle in a safe manner.



Without knowing more of the facts AND what state this is in, I can't make a prediction on whether this will be a successful lawsuit. Even though the owner of the vehicle isn't going to find much sympathy with the court, it could very well be. But there are many stages to being a "successful" lawsuit. It could be that the court will order your granddaughter to pay for what the insurance deductible should have been - since it is not the fault of your GD that insurance didn't cover the damage. I would also predict that, even if it ruled against your GD, a court would find the owner of the vehicle to be comparatively negligent for getting drunk enough to be in the position of allowing a teenage girl to drive the car in the first place.

Answer 2

Insurance follows the driver not just the vehicle. I suspect your gd only had a permit. If she wasn't insured at the time of loss, then it could be possible. Definitely get a lawyer. The judgment call was actually on the insured. The 23 yr old knew better. or should have known better, than to let and inexperienced uninsured under age driver drive the vehicle, whether she offered or not. Since the policy holder was intoxicated at the time, this will be a judgment call on the insured. In many cases that are similar to this, as long as your gd was not intoxicated or had been drinking at the time, then the judge may decide in her favor rather than his and make the 23rd old responsible for the whole thing. I do not know what state you are in or the laws for your state, but more than likely, this will be the judges call and she will have a driving incident record which could hurt her being able to obtain a license for however long that state mandates.

Confer with a lawyer as soon as possible.



Edit - In GA the standard for inexperienced operators, if I remember correctly, is age 25 to 29. In NC it is 3 yrs. With this type of incident I can understand why.

Even with the letter, unless it is on a lawyer or state letterhead stationery and notarized, it isn't worth much but save it anyway. Take it to the lawyer that stated that you will have a good case. The one that stated that "it is a mess", in lawyer speak usually means big money for something that could be handled efficiently in less than 2 court appearances and between the lawyers and the insurance company. The insurance company may drop the 23 yr old due to the circumstances after it is all said and done.

In the last year I have dealt with 3 similar instances such as yours. Your gd is a minor, the 23 yr old is the adult. He contributed to the delinquency of a minor(s) while intoxicated and endangered the well being of others. He is more than likely going to be charged but like I said, your gd will probably be charged a point for driving without full license and a ticket for the accident. It will hinder her to get insurance and it will be very expensive. I don't know the statute of limitations for GA. In NC it is 3 yrs till a ticket or accident is removed from the surcharges of the license or driving history. Good luck.

Answer 3

The letter won't hurt you, but it won't help either.



If the letter said, "if you pay $1,000 then I will take full responsibility for everything else" this would have been an offer to settle. Your granddaughter could have relied on it, paid the $1,000 (or whatever the offered amount was) and this would be a done deal.



But a gratuitous letter that says "I will accept responsibility" isn't enough. It's not a contract. It's not a settlement offer. It really doesn't mean a whole lot.



That your granddaughter had a permit and was legally allowed to operated a motor vehicle means that it is highly likely she will be responsible for the damage she caused. (JUST her. Her parents will not be responsible.) It is likely that the owner of the vehicle will get a judgment against her. That judgment will be good for ten years, but can be renewed for another ten years. So, while a fifteen year old won't be able to pay a judgment, it is likely that she will be able to pay it at some point within the next twenty years.



I would recommend that you send a written request to the 23 year old asking her to describe her damages and provide estimates for the repair - or the Blue Book value if the car was totaled. Then, after you get the amount, you offer her 25 to 50% and remind her that she was the drunken moron (be more polite) who invited the teenager to drive her vehicle. I would remind her that she had been on notice that your granddaughter only had a permit . . . which required that she have a RESPONSIBLE driver in the vehicle. Advise her that she failed in her duty to be a responsible driver and that she failed in this responsibility by being too intoxicated to properly supervise your GD. Advise her that the offer to settle is NOT an admission of liability or responsibility but is only to avoid the time, trouble and expense of litigation. Advise her that the offer to settle is only good for ten days from the date of the letter, at which time it will be rescinded and your granddaughter will welcome an opportunity to describe the evening to a judge. Advise her that your granddaughter will counter-claim in the amount of $2,000 for the injuries and/or pain and suffering she experienced as a result of the drunken vehicle owner's failure to property supervise this inexperienced driver.

Answer 4

Get a lawyer who is good at both criminal and civil cases for your granddaughter. And take her to the police station (with the lawyer) to file charges against the adult. Most state have some variation of law that protects children from being endangered by adults. If the adult let a child who doesn't know how to drive operate his or her vehicle with other children in it, this would be criminal. If the adult was giving alcohol to kids, that is also criminal.



If your granddaughter did not have a permit, she could find herself with a ticket, but that's not a really big deal. The lawyer should do most of the talking.

Answer 5

If your granddaughter was also driving without a license that's illegal too.

This one is pretty complex, because of the age of the people involved, and the laws where you are, but generally, your granddaughters parents might be held legally responsible, not your granddaughter, she's too young. When you break something you pay for it, no matter if permission was given.

No matter what the age is, although in the case of a minor, their parent or guardian can be held liable.



The drunken 23 year old can be arrested for distributing alcohol to minors, but that doesn't change the damage to the car, and who is responsible for it.



Its not silly at all, there can be many charges brought against several people involved, but that doesn't change the cost of repairs and who actually sent that car into the pole.



More than that, you have fifteen year old girl running around with a 23 year old drunk in a car and no one called home to say pick me up, or get me out of here. They were all lucky it wasn't worse than it was.

Answer 6

well......theres a bunch of things going on here



first of all, the person driving is responsible for the damages to the car

the person giving permission is responsible for anything illegal happening (such as is your grand daughter permitted? licensed? etc.) if not, she allowed your GD to drive illegally and potentially putting others lives at risk.

also since the adult was intoxicated and the GD is a minor, legally by law you are not allowed to drive (i think in any state) with someone that is not able to effectively be aware of the other persons driving.





so while i think this adult should just cut her losses as she risks more legal setbacks due to her judgment LEGALLY your GD did wreck the car.

Answer 7

Your granddaughter can't agree to pay for the damage because that is a contract, she is a minor and contracts with minors are void. So, forget that route.



Can this woman sue you or your granddaughter's mom? If you have custody then did you give your granddaughter permission to drive this vehicle? If you did not then you are not liable. If you gave her permission the you are liable. Legally it may have been proper for you granddaughter to drive. But if you specifically told her she can only drive cars when you are the supervising adult then your granddaughter did not have your permission to drive and that keeps you off the hook legally.



Let this woman sue, she'll lose.

Answer 8

The adult needs to be charged criminally with providing alcohol to minors if she did so. I would get a lawyer to defend your granddaughter

Answer 9

The verbal permission of an adult who is too intoxicated to drive is not consent. Your granddaughter did not have a license and should not have been driving.

Answer 10

Yes, I'm afraid so. That is how the law works.



But check to see if she is covered under her own or her parent's car insurance policy for third party liability.



That might cover the repairs to the other person's car she was driving.

Sometimes when you have insurance on your own car, and you are driving someone else's and damage it, then your own car insurance will cover the cost.

Answer 11

Depending on the state, it is illegal to have an intoxicated adult present in the car even with a permit.

They have to CONSENT, not be the child themselves.

Don't know what to tell you, hon.

Answer 12

Next time your granddaughter should suggest that they call a cab.