A mother lends car to her daughter (minor) to drive. The daughter let her friend another (minor) friend to drive the car. The friend was drunk and wrecked the car. Who is responsible for paying?

The facts are unclear to determine who is responsible for the collision. It could be all of them or just one, two or three people.

Just because someone was intoxicated does not equate to liability. A person can be intoxicated, and not be at fault for a collision. If there were facts suggesting daughter's friend was in fact at fault for the collision, she would be responsible for any damage she caused. Because she was driving with permission the liability insurance (assuming you have liability insurance) would likely cover damages she caused up to the policy's liability limit.

It sounds the daughter may have negligently entrusted the car to her friend. The daughter may be responsible under a “negligent entrustment” theory. Assuming the minor daughter lives with mother, the liability insurance would likely cover damages.

Under certain facts, the mother may have negligently entrusted her car to her daughter. Not suggesting this is the case, but it is a possible avenue to being liable. The liability insurance would likely cover damages caused up to the policy's liability limit. Assuming you have liability insurance, you should turn this matter over to your insurance company and explain the situation. They should protect your interest and ultimately go after the responsible parties.

Attorney Raymond Ejarque has over 20 years of experience fighting for your rights. The law offices of Raymond W. Ejarque offers free and private consultations. Please call at 206-621-1554 to schedule your free case review.

The information in this blog provides no legal advice and is no way a substitute for speaking with an attorney.