Visitor Question

Does this Driver Have Automobile Accident Liability?

Submitted By: Gwen (Saint Peters, MO)

Can you tell me about automobile accident liability in this case? My daughter was in the back seat of a friend’s car and the driver made a U-turn to the opposite side of street from the far right lane and there was an accident.

The driver’s license was taken at the scene of the accident and a couple of days later the police went to his house, I was told, to arrest him. I’m not sure if it pertained to this accident or not but since the accident this same driver has been driving around in other people’s cars with no license and beer in his hand with no regard for what he has done.

I just found out his family had insurance so what I want to know, since it has been documented that this accident was his fault and my daughter being a passenger, can’t she file a negligence claim against the driver?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Gwen,

Of course your daughter can file a negligence claim against this driver either personally, against his insurance or BOTH. Whether his parents have a policy that allows them to be held personally liable for the acts of their son remains to be seen, but in many circumstances, this is allowed.

The best thing to do is to submit a claim against the son. Hopefully he was insured at the time of the accident. Unfortunately his conduct now (driving around town with a beer in his hand) only reminds you of his irresponsibility. This may help to substantiate any claims of negligence that you may have against him in the future.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: January 24, 2011

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