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Auto Accident Liability
Not too long ago my son backed out of the driveway of our house into a car that was parked on the street. This car was partially blocking the driveway in such a manner as he had to really maneuver the car to try and get out. The car he was driving was mine and there was no insurance on it at the time. There was no police report filed. The car that was damaged belonged to one of his sister's friends. I told her to get an estimate so that I could pay her for it. I didn't receive an estimate for the damages from her and she has since had the car repaired. My son is of legal age. Where does the responsibility fall for the repairs to the car? Does it fall on my son? Am I liable and can I be sued? I made a good faith effort to find out what the costs of the repairs would be.
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You are both liable - he more so as the driver but you as the owner who knew there was no insurance and alllowed him to drive it. I'd make every effort to find out the cost of the repairs and pay for the damage. No matter how carelessly the car was parked, he backed into it so the owner has no liability - unless, of course, she was in the process of moving the car when he hit her. Even then, I see no liability on her part. He had the responsibility to make certain the way was clear. I'd save myself a lot of time and work and pay for the damages now - and then I would tell your son he needs to reimburse you. |
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The damage to the car was localized to one spot. When she had the car fixed there were other parts that were repaired that were not part of this accident. Also the car was totally repainted which would not normally be done for a localized dent say in the rear fender. I don't mind paying for the damage caused by my son. I want to do the right thing. I'm just not sure how this cost can be separated fairly from the total repair bill. I don't want to pay for damage not incurred by me. I guess if I could see the repair bill then I could make an offer of payment based on the charges I believe were associated with my son's wreck.
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I would be prepared to be sued for the entire bill and then you would have to present proof that some of the work was not caused by the accident or was unnecessary. This is the problem when a vehicle is not insured - it becomes very easy to take advantage of the uninsured driver. I think I would sit tight and see what happens next. |
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