What can we do to contest accidental damages incurred by minor in car accident in CA state

Liabilility for accidental damages by minor.: My 11 yr old daughter was a passenger in a vehicle(not owned or driven by me),parked in a parking space. Another vehicle parked very close to the vehicle my daughter was in and very crooked (I have photos) When my daughter tried to exit the vehicle she slipped on the door jam and hit the other vehicle with her door, hard enough to leave a dent. The lady went bizerk! She demanded my insurance, not the owner of the vehicle my daughter was in. I abliged as not to further her rage.

After speaking to my insurance we realized that because it was not our vehicle, nor is my daughter on our policy, that our insurance is not liable.

The other driver's insurance however has demanded we give them the information of the owner of the vehicle my daughter was in or they threaten to take action against me personally.

Am I obligated to give the information on the vehicle my daughter was in and/or be liable for damages caused by my minor daughter?

Shouldn't it be the responsiblity of the 2nd vehicles owner to have obtained it?
Additional information
What is my liability?
Answer this question Add to list

Answers (5)

Norman Gregory Fernandez

Norman Gregory Fernandez

Contributor Level 7
Unfortunately you are liable for the negligence of your minor children up to 25k in the State of California. Why would you help your insurance company to realize that the policy did not cover you for this small accident?

Yes in California you have a duty to exchange insurance info after an accident, most likely including this small accident. If your insurance does not cover you, then they may come after you for the damages in Subrogation if the other party uses their comp and collision coverage to fix the damage.

Now that your insurance refuses to cover the loss, I would ask them to at least tender a defense for you!

Norm
0 0
Ronald I. Toff

Ronald I. Toff

Contributor Level 3
First, if you checked with your car insurance company, they would not cover it because the damage did not arise out of the use of your vehicle covered under your policy. As previously indicated, you are legally liable for damages caused by your minor child. However, look at your Homeowner's or Renter's insurance policy for coverage here. Virtually all homeowner's policies have personal liablity coverage, which should cover this incident, since it does not arise out of the use of your vehicle. But, bear in mind that any insurance claim you make, where it is determined that you or your daughter were at fault, may cause your premiums to be raised on renewal, as you now have an adverse claim history.

If the other lady's insurance is coming after you, it means she had her car repaired by her own insurance company and they are trying to get their money back. While you are not legally obligated to provide them with the insurance information of the car in which your daughter was riding, and that will probably get them off your back. Or, as indicated above, tell them to contact your homeowner's insurance company, after you have notified your company of the potential claim.
0 0
Brian Richard Dinday

Brian Richard Dinday

Contributor Level 8
Well, you asked what is your liability. I seem to be alone in thinking that you may have none. I would not give up without fighting this. The cause of the damage to the vehicle was the terrible parking job which made it so difficult for your daughter to get out of the car. How much are they claiming? I'm wondering if this case belongs in Small Claims Court, with a jurisdictional limit of $7500. You could very well win, with those photos of yours. Just because this woman knows how to yell, get angry and get into road rage does not mean she wins. In fact, if she comes on like that in Small Claims Court, she will likely lose.

Here's a possible strategy. If your daughter was scared or bruised when she slipped in this incident, you could sue the other party for $50. They will likely counter sue for their property damage. Show the judge the photos and ask him/her to rule that the incredible parking job was the cause of the incident, not your young daughter's understandable difficulty getting out. If the judge agrees with you, then you owe nothing and the insurance if off the hook and you don't get rated. Notify your homeowner's insurance that you are taking this to Small Claims, however. Keep them in the loop, if you hope they will pay any judgment against you. I do think they do have to cover this loss. Show them the photos too, but tell them you want to fight it.

I sit sometimes as a Small Claims Judge and I can tell you that if the pics show what you said they do, I would not give her anything against you.
Usual disclaimer: I am not offering legal advice, nor acting/speaking as your attorney. Just giving my thoughts and some information that may or may not seem useful to you. Good luck.
4 1
Brian Richard Dinday

Brian Richard Dinday

Contributor Level 8
I hope I was of some help. For further information on accident claims, you can review http://NegligentDeath.com.
0 1
Steven Mark Sweat

Steven Mark Sweat Avvo Pro

Contributor Level 3
Unfortunately, you may be held liable for the damages caused by your minor child. The insurance policy for the vehicle you were driving MAY also cover the claim if you submit it to them. I would have the lady provide you with one ( or preferably several ) estimates of repair for the car. If it truly is just a minor dent, it may be something that can be resolved for little money, which would probably be the best result.
0 0
Back to Search Results

Ask a Question

Get free answers from real lawyers.