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Vanity - Legal question about auto liability

Posted on 09/13/2010 2:33:55 PM PDT by texan75010

Vanity Post - I have a question about automobile liability for the state of Texas. I have a step daughter who had her license suspended for a month for a probation violation.

But, she also got a speeding ticket that she has not yet gone to court for. She was driving 70mph in a 45. I do not want her driving any of my vehicles ever again. The auto insurance company tells me I can sign a waiver that absolves them from all liability if she were to ever get behind the wheel of any of my cars.

My question is, if she did take one of my cars and wrecks, could I be held liable for damages she causes? Does it make a difference if she no longer lives with me and my wife?

Bottom line is, if I carry her on my insurance, my rates will go sky high. She is 16 years old, she will be going to live somewhere else in 10 days either juvenile detention or a group home. But she has been sneaking out, stealing keys, so for the next 10 days who knows if she will get her hands on a key and who knows what she will do.

And yes, if I could have her locked up now I would. She was in court today and she will be locked up in 10 days...just how things work.

In the meantime, she stays with us and I just want to make sure I am not liable for any of her bad behavior.

Thanks


TOPICS: Miscellaneous
KEYWORDS: automobile; child; liability

1 posted on 09/13/2010 2:34:01 PM PDT by texan75010
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To: texan75010

You need a lawyer.


2 posted on 09/13/2010 2:36:23 PM PDT by Jemian (If guns kill people, then spoons make Michael Moore fat.)
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To: texan75010
Hide the keys for ten days, if you own the veh, you are liable, if she drives off in your car, report it stolen immediately.
3 posted on 09/13/2010 2:36:51 PM PDT by Jolla
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To: texan75010
You really should be asking an attorney.
4 posted on 09/13/2010 2:37:07 PM PDT by justlurking (The only remedy for a bad guy with a gun is a good WOMAN (Sgt. Kimberly Munley) with a gun)
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To: texan75010

Sorry to say. Yes.

She is under 18, living at home. You are or COULD be held liable for anything she does. Driving, wrecks, thefts, anything. Not just the property damages, but any civil suits resulting from any acts.

It may be a long 10 days... assuming of course you have exhausted everything else and she is destructive beyond reasoning.


5 posted on 09/13/2010 2:37:53 PM PDT by RachelFaith (2010 is going to be a 100 seat Tsunami - Welcome to "The Hunt for Red November".)
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To: justlurking; Jemian; Jolla

Agree with all of the above.


6 posted on 09/13/2010 2:38:08 PM PDT by onona (dbada)
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To: texan75010

Sleep with your keys.

If she takes one of your cars, report it stolen.

Other than that, you may have to check with your attorney on what you can do.


7 posted on 09/13/2010 2:38:13 PM PDT by mrs. a (It's a short life but a merry one...)
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To: texan75010

Unfortunately, you are liable if she crawls in one of your cars and then wrecks it. You can sign an exclusion form and exclude her from your policy coverage, but since she is a minor and living in your home, you are S. O. L. if she hurts someone or damages their property. (I am a former Texas insurance agent and this is a common problem)...red


8 posted on 09/13/2010 2:39:41 PM PDT by rednek ("Light travels faster than sound. This is why some people appear bright until you hear them speak.")
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To: texan75010

I don’t know about the car insurance. I would say, if you take her off the coverage, and she takes the car, you need to report it as stolen, and prosecute.

But I wanted to say I am sorry for what you are going through, and hopefully they can get her straightened around. She is certainly young enough to mature and gether life back in order. Maybe look into Boys & Girls Town? Good Luck.


9 posted on 09/13/2010 2:40:26 PM PDT by NEMDF
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To: texan75010

Lock your car. Hide your keys. Hang bells on all doors and windows. Hell, hang one on her! Emancipate her a.s.a.p.


10 posted on 09/13/2010 2:41:23 PM PDT by Excellence ("A person is smart. People are dumb, panicky, dangerous animals and you know it.")
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To: mrs. a

Disable the batteries at night. A girl would never know how to fix the car if it didn’t start. May be a hassle but the car would stay put.


11 posted on 09/13/2010 2:42:21 PM PDT by KYGrandma (The sun shines bright on my old Kentucky home......)
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To: texan75010

Hide the keys and remove a plug wire if she has car stealing type boyfriends.


12 posted on 09/13/2010 2:42:32 PM PDT by ansel12 ([fear of Islam.] Once you are paralyzed by fear of Mohammedanism...you have lost the battle.)
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To: texan75010

1. I loaned a car to my son in Nevada a few years ago. I was told that i was liable for any damage that my car did anywhere in the country. I gave him the car.

2. You need to talk with a lawyer soon about your daughter. I think I would give her a car (which she owns) if you can’t control your vehicles. She would have to get the auto insurance.

3. Good Luck


13 posted on 09/13/2010 2:45:10 PM PDT by Citizen Tom Paine (An old sailor sends)
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To: texan75010

How about just pulling the coil wire on the cars till you want to use them. Or, buy “The Club” if it’s still available.


14 posted on 09/13/2010 2:48:09 PM PDT by raybbr (Someone who invades another country is NOT an immigrant - illegal or otherwise.)
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To: texan75010

Definitely disable the vehicles.


15 posted on 09/13/2010 2:54:25 PM PDT by Malsua
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To: texan75010

Advice from someone who has been there. Drugs ARE involved. Pay a lawyer to find out how you protect yourself and what laws protect you. In my case in Georgia it had a liability limit for minors age 17 living with you. It was $10k. I could afford that so it eased my mind somewhat. Take all the keys you NEED and put them on a chain around your neck or Put her in a lockdown rehab.


16 posted on 09/13/2010 2:56:25 PM PDT by Gaffer ("Profiling: The only profile I need is a chalk outline around their dead ass!")
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To: texan75010

But, she also got a speeding ticket that she has not yet gone to court for. She was driving 70mph in a 45. I do not want her driving any of my vehicles ever again. The auto insurance company tells me I can sign a waiver that absolves them from all liability if she were to ever get behind the wheel of any of my cars.

My question is, if she did take one of my cars and wrecks, could I be held liable for damages she causes? Does it make a difference if she no longer lives with me and my wife?

___________________________________________________

I’m a Texan and I’ve looked into this. If she does not live with you - then you do not have to add her as a driver on your policy.

You should NOT let her behind the wheel of any of your vehicles, but if you do - and provided you have good coverage - you will be insured if she wrecks your car,

I’d NOT sign a waiver with your insurance company if I were you. The less they know - the better.

Good luck. You’re gonna need it.

And PS. The kid will be fine. Some day. She’ll grow up and she’ll be all right.


17 posted on 09/13/2010 2:59:42 PM PDT by Responsibility2nd (Yes, as a matter of fact, what you do in your bedroom IS my business.)
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To: texan75010

dude you’ll be held responsible even if she steals the car, potentially civily liable if she steals someone elses car. Get a lockbox (combination) and make sure all the keys are put in them whenever they are in the house. Make sure the gps chip is enabled on her cellphone if she has one, and work with your carrier to figure out what tye of traking they let you have access to.


18 posted on 09/13/2010 3:05:38 PM PDT by waynesa98
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To: texan75010

Take most of the suggestions you have been given here. Sign the 515a exclusion but wait 10 days:) In the meantime she and anyone else living in the household or using the car with your permission would be covered.


19 posted on 09/13/2010 3:06:23 PM PDT by isthisnickcool (Sharia? No thanks.)
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To: All

Thanks for all the good advice!


20 posted on 09/13/2010 3:06:50 PM PDT by texan75010
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To: texan75010

Free advice is usually worth every penny. Keep that in mind. I think you’d need to be able to show that you took concrete steps to prevent her from using the vehicle(s). Good luck to you and prayers that she sees the light soon.


21 posted on 09/13/2010 3:13:57 PM PDT by NonValueAdded ("It's amazing, A man who has such large ears could be so tone deaf" Rush Limbaugh 9/8/10)
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To: texan75010

There is a good chance that she has already made copies of your key(s), unless they are chipped.


22 posted on 09/13/2010 3:22:00 PM PDT by Deaf Smith (I spent all my money on women & booze, the other rest was just plain blown.)
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To: texan75010

Every night when your done and going to stay home, pull the ignition fuse on the cars, show your wife how, very easy. Should she steal the keys the car will not start, she can crank it forever, wont start. Depends on what kind of car you drive on how easy it is to locate. You can be held responsible for her actions.


23 posted on 09/13/2010 3:30:17 PM PDT by teancumspirit
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To: texan75010

You have way more problems than a car wreck. You are watching a train wreck. The young lady needs help. Hide your keys and let her hit her bottom. Be its Juvenile Detention or jail. I suspect substance abuse and possible mental disorders. Don’t enable her. Cut her off and let her learn on her own. Don’t bail her out. Your sanity comes first.


24 posted on 09/13/2010 3:34:32 PM PDT by goseminoles
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To: raybbr

http://www.theclub.com/

It’s still alive and kicking :-). I bought one of these years ago ... it should do the job to help prevent unauthorized access to the vehicle even if the daughter has the keys.

I’d do the club + remove a plug wire or two ... that’ll be more than enough. Sure, it’s a pain, but it’ll prevent more problems.


25 posted on 09/13/2010 3:47:01 PM PDT by edh (I need a better tagline)
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To: texan75010

I own an agency and would agree with many of the comments here. First and foremost, do not sign an exclusion. If she does get a car and cause damage to someone else you would no longer be covered. At least you have coverage now. Later, if she moves to another home, permanently, you can exclude her and if she comes and steals your car, you are no more liable than if I stole your car and ran someone over. Buy an umbrella liability policy. Cheap to purchase and adds coverage in increments of $1M. Finally, pray for your daughter and your family and know that you will eventually get through this.


26 posted on 09/13/2010 3:53:29 PM PDT by Honor above all (I'm only here to help.)
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To: texan75010

“Emancipate her a.s.a.p.” as the pp stated...Only thing that saved my parents from ruin by the system and my crazy sister


27 posted on 09/13/2010 4:13:44 PM PDT by ebersole
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To: texan75010
I repeat what everyone else had said so far; if she drives your car and wrecks it or hurts anyone, your TX car insurance which is in YOUR name, comes into play. You will be considered at fault, so hide the car keys OR report the car stolen as soon as she drives off without your permission.
28 posted on 09/26/2010 9:50:25 PM PDT by cesaralford
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