Posted 18 January 2013 - 12:51 AM
Posted 18 January 2013 - 07:13 AM
Your post also seems to suggest that, while you had "no insurance on the parked car," you did have insurance on your other car. Typically, liability insurance attaches to a person, not a particular car. If you could clarify this, it would be helpful. You may also discover that you have insurance that will defend you against this claim.
Posted 18 January 2013 - 07:34 AM
(it's also not clear why your license was suspended,
We don't know what state the OP lives in but that's likely due to financial responsibility laws that apply to the owner as well as the driver.
The other driver's insurer likely would need to prove that it was negligent of you to leave the keys where your boyfriend's son could get to them, which likely would involve proving that you knew or had reason to know he would do something like this.
Generally, the elements of "negligent entrustment" are (1) the owner entrusted a vehicle
(2) to an unlicensed, incompetent, or reckless driver; (3) the owner knew or should have known
that the driver was unlicensed, incompetent, or reckless; (4) the driver was negligent on the
occasion in question; and (5) the driver's negligence proximately caused the accident.
So far, based on the limited details, I don't see that here.
However, some states hold the owner "strictly liable" by statute for the accidents caused by the driver of the vehicle.
Again, we don't know what state yet.
Your post also seems to suggest that, while you had "no insurance on the parked car," you did have insurance on your other car. Typically, liability insurance attaches to a person, not a particular car.
A common misconception.
The following is a pretty standard provision of an auto insurance policy:
"We do not provide Liability Coverage for the ownership, maintenance or use of:
2. Any vehicle, other than your covered auto, which is:
a. Owned by you
"Your covered vehicle" is the one listed on the policy for which a premium is paid.
There are some exceptions but I won't go into them as they aren't likely to apply to the OP's situation given the limited facts.
Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.
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