Legal Question in Traffic Law in California

If my 22 year old son, who only has a drivers permit, drives without a 25 year old licensed driver with him, as required by law:

1. what could be the legal consequences related to penalties, fines

2. I assume that I as the owner of the vehicle am legally responsible, and that if he's driving this way I am liable for law suit if any damages are incurred, and that our insurance would not cover this due to diving illegally, and that I would be the one responsibile in a law suit for any damages. Am I exaggerating this?

3. If something happens is he automatically at fault for driving illegally?


Asked on 11/26/11, 5:14 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

1. I do not know, you can contact the DMV or goggle the traffic code section;

2. as owner of the vehicle you are responsible up to the first $15,000 if he does not have that money [if he has $20,000, you do not have to pay anything] and your insurance coverage should exclude drivers who you know are driving illegally [you need to look at the sections as to coverage]; you might be separately liable for negligent entrustment if you knew that he was not a good driver [why let him drive against the law; that teaches him to ignore laws and may lead to more serious violations.

3.driving illegally is irrelevant to whether he was negligent in causing an accident and could be excluded from being mentioned at trial merely for negligence.

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Answered on 11/26/11, 9:29 am


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