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?
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?