son was fleeing police hit someones garage and was ordered to pay restitution am i also reponsible since i own the car

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son was fleeing police hit someones garage and was ordered to pay restitution am i also reponsible since i own the car

Asked on June 16, 2009 under Accident Law, Ohio

Answers:

L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Probably yes, if he had permission to drive your car. But a few questions to see if your auto insurance might cover the damages: First, is your son a member of your household?  If so, is he a named insured on your auto policy? If so, and the insurance company does not view this as an intentional act, you might have coverage for the property damage he caused to the garage and anything else.  If he is not a member of  your household, and he had permission to drive your car, you will likely be held partially responsible.  If he did not have permission to drive your car, then you will likely not be held partially responsible.

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am a lawyer in CT and practice in this area.  You son is going to be responsible for restitution being made to the owners of the garage, not you, because it was his criminal act that caused the damages.  If the homeowner wants to sue him for negligence, then the automobile insurance carrier will be placed on notice and will have to pay.  to the extent that there is not enough insurance to fix the damages, then you could be responsible as the owner if you gave your son permission to drive the car.  if he claims that he took it without your permission, then you should not be at fault/liable.


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