If my niece lent us her car and my unlicensed driver daughter took it without permission and was involved in an accident, is my niece liable for the damages?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my niece lent us her car and my unlicensed driver daughter took it without permission and was involved in an accident, is my niece liable for the damages?
Asked on January 4, 2012 under Accident Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In the case you describe, where not only did your daughter not have permission to use the car but, since she was unlicensed and could not lawfully drive, it would be beyond reasonable expectation that she might take the car, no, the niece would not seem to be liable for the damages. People are generally not responsible for damages flowing from the unpermissioned, wrongful, and/or criminal acts of others.
Rather, your daughter would be liable, if she is an adult; or if she is a minor, you would likely be the one liable for the damages (since parents are typically liable for the wrongful acts of their minor children). Even if your daughter is an adult, you could find yourself liable, too, if you were negligent in facilitating her taking the car. (E.g. she has borrowed or driven cars without a license before, putting you warning that she does this; you left the keys out where she could find them.)
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.