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.
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.
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 a general context and is not intended to form an attorney client relationship. I am licensed only in California. This information is good only in California and it is not to be taken as legal advice on divorce, family matters, bankruptcy or in any other type of situation. Esta respuesta es del Abogado Hispano Manuel A. Juárez, 510-206-4492. Abogado Hispano de Divorcios, Abogado Latino Accidentes, y Abogado de Bancarrotas de Oakland, Hayward, San Francisco, y California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq esta licenciado solo en el Estado de California.
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.
Likely both, but let her insurance company resolve it, and don't lose sleep over it.
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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.org Mike@jslaw.org This posting is provided for “information purposes” only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different jurisdictions.
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