What to do if my 19 year old son allowed a 16 year old friend to drive my car and she totalled it?

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What to do if my 19 year old son allowed a 16 year old friend to drive my car and she totalled it?

The car was worth $2000 and the damage about $2600. Who is responsible (the friend, her parents, my son) and what are my options? The friend agreed to pay $50 a week and mad a couple of payments but now is not.

Asked on October 24, 2013 under Accident Law, Vermont

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If someone is at fault in damaging your property--such as by driving carelessly--then even if she had your permission (or the permission of someone else who had authority to use or let someone use it, like your son) to use the property (that is, the car), then that person is responsible for the loss. If there person is a minor, her parents would be responsible. Of course, if they will not pay voluntarily, you would have to sue them to get the money, such as in small claims court.


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