Question of liability and negligence - minor loans minor vehicle

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GaGuy

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Recently I was involved in an accident in Georgia.

I was struck by a driver failing to yield at an intersection. Police investigation and eye witness statements confirmed the other driver was at fault which resulted in citations.

The other vehicle was being driven by a minor with only a learner permit and not a full license. His passenger, was the minor in which the vehicle was primarily used (also a learner permit, no full license). Both were returning from defensive driving school classes at the time of the accident.

The father (owner of the vehicle) of the passenger admitted the permissive use of this vehicle by the minor son. Investigation by his own insurance adjuster confirmed that this is a "permissive use" circumstance and is accepting liability for the accident and damages.

I understand from my own research into negligent entrustment and/or vicarious liability that no mention is made on whether or not the minor son's negligent act of allowing another known unlicensed driver to operate the vehicle transfers to the father (owner) of the car in question.

I understand it as a general rule of thumb that whatever the minor does, is the responsibility of the parent to prevent in circumstances such as this.

Some clarification into circumstances that would allow this to apply would be appreciated.

i.e. : If the father knew both were leaving in the car and both unlicensed and inexperienced minors, would he need specific knowledge of the son allowing the friend to drive to be held accountable?

What if this sort of activity had occurred in the past where the son allowed others to drive his vehicle and the father was aware this was a known risk?
 
Recently I was involved in an accident in Georgia.

I was struck by a driver failing to yield at an intersection. Police investigation and eye witness statements confirmed the other driver was at fault which resulted in citations.

The other vehicle was being driven by a minor with only a learner permit and not a full license. His passenger, was the minor in which the vehicle was primarily used (also a learner permit, no full license). Both were returning from defensive driving school classes at the time of the accident.

The father (owner of the vehicle) of the passenger admitted the permissive use of this vehicle by the minor son. Investigation by his own insurance adjuster confirmed that this is a "permissive use" circumstance and is accepting liability for the accident and damages.

I understand from my own research into negligent entrustment and/or vicarious liability that no mention is made on whether or not the minor son's negligent act of allowing another known unlicensed driver to operate the vehicle transfers to the father (owner) of the car in question.

I understand it as a general rule of thumb that whatever the minor does, is the responsibility of the parent to prevent in circumstances such as this.

Some clarification into circumstances that would allow this to apply would be appreciated.

i.e. : If the father knew both were leaving in the car and both unlicensed and inexperienced minors, would he need specific knowledge of the son allowing the friend to drive to be held accountable?

Yes, yes he would.
Furthermore, he gave no permission to drive to anyone but his son, if your assertions are to be believed.

You can't vicariously transfer the father's permission, purportedly given to his son alone, to someone his son might have given permission to without dad's consent or knowledge.

I see where you're trying to go.
You can't get there.
Besides, why are you headed to that SPOT?
The father isn't dumb enough to get caught by that trap.
Get your car repaired, let your insurance company subrogate their payout to you to the car owner's policy.


What if this sort of activity had occurred in the past where the son allowed others to drive his vehicle and the father was aware this was a known risk?



You'd have to PROVE it, not just ASSERT it.
Even if you PROVED it, of what relevance is it to the matter at hand? NONE, ABSOLUTELY, NONE!!!
 
The relevance to the matter at hand is that I have multiple injuries and one that has been deemed to be chronic and inoperable.

A lifetime of pain makes this mans actions of great and significant importance to me. Had it been a minor collision, I wouldn't be worried past who was going to replace my car (considering it being bent into a U shape, quite literally, seems to be something of a problem with repair).

When they decide to life flight someone from the scene where two minors without a license between them have created a path of destruction, I'd say going "there" is very relevant.

It just seems to me that if he were to have denied allowing the other minor permission to use the vehicle, his insurance wouldn't consider this a permissive use situation. Keeping in mind this insurance carrier (a major one) is notorious for abusing the fine print to exonerate their liability in paying any claims.

I cannot hold him criminally liable because I didn't die.. But he should be held accountable for that action to some degree.
 
The relevance to the matter at hand is that I have multiple injuries and one that has been deemed to be chronic and inoperable.

A lifetime of pain makes this mans actions of great and significant importance to me. Had it been a minor collision, I wouldn't be worried past who was going to replace my car (considering it being bent into a U shape, quite literally, seems to be something of a problem with repair).

When they decide to life flight someone from the scene where two minors without a license between them have created a path of destruction, I'd say going "there" is very relevant.

It just seems to me that if he were to have denied allowing the other minor permission to use the vehicle, his insurance wouldn't consider this a permissive use situation. Keeping in mind this insurance carrier (a major one) is notorious for abusing the fine print to exonerate their liability in paying any claims.

I cannot hold him criminally liable because I didn't die.. But he should be held accountable for that action to some degree.


I hope you get better real soon. :yes: :cheer:
If you're that ill, you need to hire a lawyer.
Have your lawyer address these issues.
You need to spend your time getting better.
Your lawyer will do the research to decide who should be made to pay for your injuries. :dunno:
Follow your physician's advice and get better soon!
Have your lawyer sue the bastards because anytime someone gets sued, is a great day in my book!
They have to take their victim as they find them.
So, your medical condition notwithstanding, they'll eventually be found liable (if things are you say) and they'll have to compensate you FULLY!!!
 
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