Ins. Co. suing me for my sons accident.

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Xander271

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Thanksgiving break, my son was minor and did NOT have a California drivers lic. He stayed at his best friend's house for several days. The mother drove him and her 3 minor children to Stater Bros in Lake Arrowhead. When she arrived, she asked my son if he would drive her kids to Burger King to buy them dinner.

The following night, she went on a date. She told the boys the keys are on the counter and they could use the car if they need anything from the store. (Express consent)

Her son asked my son if he would drive him to 7-11. On the way, lost control of the car and crashed into the mountain. Non injury.

She told him that if he didn't tell the insurance company he took the car without her permission, she was going to file a stolen vehicle report.

Her insurance company is now suing me as 'the parent of a minor child' for damages to her car.

Isn't she guilty of contributing to the delinquency of a minor or at least negligent for failing to properly supervise him? Doesn't she assume the risk and liability of his actions?

Really! What if my son died? Wouldn't I have the right to sue her for allowing him to have access to the car?

Am I wrong in presuming that a prudent adult would have ascertained whether or not he had a license before allowing your sons 16yo 'FRIEND' to drive their car?

I do not have access to her house, her car, nor her car keys. I had no ability to prevent him from taking the car nor did I even know that she was allowing him to drive her car. Had I known she was allowing my son to drive her car, I would have prevented him from staying at her house.
 
You are still responsible for his accident. He did not have to drive and he chose too. He caused the accident so yes the insurance company can go after you for payment. He still wrecked the car.
 
I can't afford an attorney let alone pay for my divorce case. Heck, I'm Pro Per with my divorce case yet I have been able to get sole physical and legal custody of my daughters. If I take this to jury trial as ProPer, can't I make the plaintiff prove that I had the ability to control my son's actions and by her allowing him to drive her car (contributing to the delinquency of a minor) gave him the false impression that it was alright to do so?
 
What about Civil code 1714 (a) that states 'Everyone is responsible, not only for the result of his or her willful acts, but also for the injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person.'

Or this vehicle code... 17150
Every owner of a motor vehicle is liable and responsible for the death or injury to person or property resulting from a negligent or wrongful act or omission in the operation of the motor vehicle, in the business of the owner or otherwise, by any person using or operating the same with the permission, expressor implied, of the owner.
 
Ok… how about this?

Civil code 1714.1 (a) " Any act of willful misconduct of a minor that results in injury or death to another person or in any injury to the property of another shall be imputed to the parent or guardian having custody of and control of the minor for all purposes of civil damages, and the parent or guardian having custody and control shall be jointly and severally liable with the minor for any damages resulting from the willful misconduct.

My argument is this part: '…custody of and control of…'

He was not in my custody nor was he under my control.
 
If I take this to jury trial as ProPer, can't I make the plaintiff prove that I had the ability to control my son's actions and by her allowing him to drive her car (contributing to the delinquency of a minor) gave him the false impression that it was alright to do so?

That's two questions, and I'm not sure the answer to either is "yes". First, why is the onus on the plaintiff to prove that you controlled your son's actions? Second, does it make a difference that she gave him permission? If so, how do you propose to prove she gave him permission (considering your son's prior admission that he took it without consent)? And what difference does it make if that was "contributing to the delinquency of a minor"?

" Any act of willful misconduct of a minor that results in injury or death to another person or in any injury to the property of another shall be imputed to the parent or guardian having custody of and control of the minor ...

My argument is this part: '…custody of and control of…'

And I'm sure the argument on the other side will be "parent or guardian of".

This case is going to to turn on the interpretation of your state's motor vehicle code, maybe the Civil Code, and your insurance policies. No-one here is going to be able to help you with those particular cans of worms. Does your argument make sense? Maybe. I'm sure the other side has an argument that also makes sense. If you are determined to be self-represented, you should look in whatever legal databases you have available for judicial consideration of whatever sections might be relevant. With any luck, the courts may have already considered a similar situation to give you guidance.
 
Update.

Original law firm that came after me was violating the California fair debt collection practices statutes. Besides filing the appropriate complaints, I also filed a declaration to my case and included copies of the violations. A few months later, I received a letter of substitution and was contacted by another law firm. She told me the firm that brought the complaint is in hot water.
After about four months discussing this case with the plaintiff's new attorney, I received the dismissal in the mail two weeks before trial.
 
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