18 yr daugher with learners permit has an accident in vehicle with non-family adult

Asked about 2 years ago - San Diego, CA

18 yr daughter with learners permit has accident in the vehicle of a 29 yr friend. The 29 friend is in the vehicle and supervising the lesson. Who is responsible for damages?

Attorney answers (7)

  1. Christian K. Lassen II

    Pro

    Contributor Level 20

    23

    Lawyers agree

    Answered . Likely both, but let her insurance company resolve it, and don't lose sleep over it.

    Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  2. Kevin Coluccio

    Contributor Level 20

    20

    Lawyers agree

    Answered . I would think that a claim may be brought against both. The driver, your daughter was operating the vehicle and must take responsibility for her actions. The supervisor will likely be looked at as well.

  3. Manuel Alzamora Juarez

    Contributor Level 20

    18

    Lawyers agree

    Answered . First if your daughter was the driver and she has insurance or is insured under your policy, then she will be sued and your insurance company will defend her. If your daughter and you do not have insurance then, the owner of the car will also get sued. Maybe both will get sued from the start. If for some reason, your daughter's friend was negligently supervising her, allowing her to drive beyond the speed limit, talking on his cell, or texting and not watching where she was going or failing to give her instructions, I see him as a negligent entrustment defendant and his policy will be first and later his company will ask your company to contribute some funds towards the settlement. I hope your daughter is doing well and that she has already recovered from any injuiries. Best of luck.

    This answer is provided by Manuel A. Juarez, Esq., aka 'El Abogado Hispano de California: 510-206-4492. It is of... more
  4. Keith G Langer

    Pro

    Contributor Level 19

    19

    Lawyers agree

    Answered . The operator is the obvious defendant in a lawsuit from this accident. However, the vehicle's owner, who was also "supervising the lesson," would be a legitimate co-defendant on the grounds of negligent supervision and negligent entrustment.

    And the insurance companies will likely sort it out.

    The foregoing is for general information purposes and does not establish an attorney-client relationship.
  5. Adam Jacob Loewy

    Pro

    Contributor Level 5

    18

    Lawyers agree

    Answered . If the 18 yr old has insurance, she will be responsible via her insurance. However, in certain situations depending on the policy, the 29 year old's insurance may cover it. I would consult with a California lawyer because each state has different law on this sort of fact pattern. Good luck.

  6. Michael Ryan Juarez

    Contributor Level 16

    10

    Lawyers agree

    Answered . I agree with the advice you have already received. Make sure the accident has been reported to both your insurance and the supervisor's insurance companies.

    -Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 www.jslaw.... more
  7. Peter Cameron

    Contributor Level 12

    10

    Lawyers agree

    Answered . Your situation sounds as though you need a lawyer. Rather than get advice on the Internet, please contact me for a free consultation and we can go over everything in detail. My website it below. Thank you and best of luck.

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