Legal Question in Civil Litigation in Pennsylvania

What is there to lose??

My Minor daughter was driving, unliscensed, with the permission of the cars owner, and had an accident. One was slightly injured, and is suing the owner, and my daughter for Pain & suffering.

My insurance has already denied coverage, due to the fact that my daughter is unliscensed, and not covered by my policy. If we lose the case, and judgement is filed against her, what can they take from someone who owns nothing, and is not working??

A lawyer I spoke with has told me that I cannot win the case, but my recoourse would be to sue the owner for ''contibutory negligence'' for letting my daughter drive.

I also wondered if there is any ''assumed risk'' due to the fact that all in the car KNEW my daughter was not liscensed.


Asked on 8/15/06, 10:40 am

3 Answers from Attorneys

Re: What is there to lose??

Generally speaking, parents are not responsible for the torts (misdeeds) of their children, and under this set of facts, I don't see any realistic possibility that you could be on the hook. Your daughter, obviously, is on the hook.

If there is a judgment against your daughter, that will be on her record. It will impair her ability to get credit, student loans, potentially certain jobs. Also, if the plaintiff is angry enough, he can routinely haul your daughter into court to examine her finances. This can go on for many years, as long as the judgment takes to be paid off. If your daughter stays in Pennsylvania, the plaintiff could attempt to garnish her wages. If she ever buys property in Pennsylvania, the plaintiff can place a lien on that property. There are lawyers that specialize chasing people around and collecting judgments.

I agree with the other attorney to whom you spoke that there are issues your daughter needs to raise in her defense. The mechanism for doing that is to file an Answer and New Matter once you receive the complaint. An attorney can help walk you through this. Some attorneys will work on an hourly basis just to give you templates and advice, which is better than a do-it-yourself job, but less expensive than retaining someone.

I recommend that you do treat this seriously because your daughter definitely has something to lose. Good luck to you.

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Answered on 8/15/06, 10:54 am
Greg Artim Law Office of Karen L. Myers, P.C.

Re: What is there to lose??

With all due respect to Attorney Hochberg who drafted an earlier reply to your inquiry, he has misstated the law in a few aspects. First, you can and likely will be sued as the parent of the minor who was at fault. There is a statute(law) in PA that allows recovery from a parent where a minor causes damages. The only saving grace for you is that it limits the amount of recovery to $2500.00. With regards to your daughter, while they cannot take something from someone who has nothing, they can obtain a judgment against her that will essentially permanently remain against her. This could affect her credit, ability to obtain employment, ability to obtain a loan etc... While her wages cannot be garnished for this type of claim, her bank accounts (if any) can be garnished, and if the judgment has enough value to it, the injured person's attorney will likely attempt to collect on it for a long period of time.

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Answered on 8/15/06, 11:46 am
Richard Teitell Richard K. Teitell, Esquire, P.C.

Re: What is there to lose??

I generally agree with the prior reply you received. I would suggest that you consult with an attorney experienced in handling motor vehicle accident cases. Another alternative is to consult a bankruptcy attorney. It is possible that filing bankruptcy would wipe out the claim against your daughter. However, it would effect her credit. I would suggest at least consulting with an experienced bankruptcy attorney. Even the threat of bankruptcy may motivate the claimants to accept a very small amount of money in exchange for a full release of your daughter. An attorney should be involved to protect your daughter's interests.

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Answered on 8/15/06, 11:50 am


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