AI Legalese Decoder: Navigating the Legal Fallout After Your Son’s Friend Crashes Your Car Without Permission
- May 1, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Backstory: The Situation with My Girlfriend’s Son’s Friend
My girlfriend’s son allowed his friend to borrow her car without her knowledge, resulting in a crash into a wall. The damages amount to $7,000, and the friend callously responded with “Sue me. He said I could use it.” While the option of going through insurance exists, the premium increase is a cause for concern. Is there any legal recourse available in this scenario, particularly in the state of Massachusetts? Insurance typically covers “permissive use,” but the car did not belong to the son.
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****** just grabbed a
Is the driver a minor?
Permission or not, she can definitely sue him. If he’s a minor, mom and dad have to pay.
7k just happens to be the limit for small claims in MA. So ‘sue me’ may get expensive for that 18 year old 🙂 It’d be a very easy case: they borrowed the car, they caused damage. Permission or not.
It’ll bypass any criminal stuff, should you want to pursue that you can file a police report, but that may also get the son in trouble, and, likely won’t get you back a cent.
Please, go through the insurance, let them deal with suing the little shit and the collection too.
Go through insurance. MA insurance is already expensive but you’re paying for it so use it. They’ll have more resources on how to handle this situation than going through small claims. Even if you do win in small claims there’s usually no legal means to get the money.
Everyone here is over thinking this situation. You absolutely need to go through your insurance. They will handle everything.
Lawsuit and trying to collect all over 7k is a huge hassle. Insurance will still go up. And you will be paying until you get paid from 18 year old with no money who may move states and do other random stuff. Makes it hard to collect judgement.
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This is what you buy insurance for. If the rates do go up then change insurance companies after. Even if you sue, and win, you still have to collect – which you may never be able to do. Meanwhile you are $7k out of pocket to get your car running again.
Your insurance company may go after the driver, or may require you to file a police report.
Go through your insurance and file a police report against the kid who stole your car. He wasn’t given permission by the owner which means he never had permission, he stole it
What are the exact terms of your girlfriend’s insurance?
– Does she have permissive use coverage? Would this accident be covered by your girlfriend’s insurance *if the driver had been given permission* to drive the car? Does the driver have any disqualifying factors (no valid driving license, etc.) that would exclude him from permissive use coverage?
– Non-permissive use: does your girlfriend have theft coverage? Is theft always covered regardless of how the thief came to be in possession of the keys, or is theft only covered if the thief did *not* have the car key?
If possible, also try to find out if the driver has insurance and if that insurance would cover him in somebody else’s car. If the driver doesn’t own a car, it’s unlikely that he has insurance.
(I’m assuming that the driver was in possession of the car key and that there’s no camera evidence of him ransacking the house in order to find the car key. If I’m wrong and there is blatant evidence that the driver did *not* have permission to drive the car, there is no point in looking up your insurance terms for permissive use coverage.)
She should make a criminal complaint against both men & sue the driver.
Not in MA or completely familiar with state specific issues. Another comment mentioned comprehensive insurance initially covering damage. Not everyone carries full coverage insurance. Hopefully GF does. While owners can grant permission to drive car, laws also state that all drivers must carry minimum insurance. Based on the age and attitude of kid who crashed car, and the fact he was borrowing a car- it seems very unlikely he has personal insurance to cover this. I also doubt he has the money to pay even if he was sued and held responsible. Was a police report filed? If you’ve already given statements to them and/or insurance company, you’re probably bound by them. It may not be wise to change any statements already made even if saying something else initially could have created a less expensive outcome. If you personally sued in small claims court, you could potentially get a judgment against driver. But winning doesn’t mean you’ll see money any time soon, if ever. If attorneys are involved I could see opposing arguments being made against the owner, her son and the driver. Assuming you need car repaired ASAP, suing without insurance company, waiting for lawsuit, judgment and collection wouldn’t seem like an option. And probably wouldn’t prevent insurance company from becoming involved or considering owner risky. Do some research on auto insurers to see the lengths they go to in efforts to minimize losses. If you haven’t already locked yourself into a different position, the quickest route to repairs could be implied consent to the driver. Was son specifically told that he could NOT allow anyone else to drive car? Son was granted permission to drive car, so, could it be assumed that permitting son to drive car also made him responsible for anyone he allowed to drive it? Unless wrecked vehicle isn’t needed and it would be less expensive to junk it (especially if it has low value and insurance will not cover repairs), I would contact insurance company immediately and work toward the quickest way to get car running again. Let them decide how to proceed against driver. As crazy as it sounds, driver may decide he was injured and try to get money. That wouldn’t be a great time to realize you should have contacted insurance company.
INFO: is the son an authorized user under her insurance? Is he on her insurance?
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Was son empowered to lebd the car out? Think carefully about the ramifications of calling it theft.