My (16)daughter died in an auto accident. She was the passenger. Driver was 15. No License. What can I Do?

Question

She was at a school function, she got in the van to go pick up some other student. The driver was passing another car, lost control, and flipped several times. She was the only one that died. The driver did not have a valid license, only a permit, and his mother let him use the van to attend the school function.

Answer 1

Mourn your daughter.  How much money are you going to sue for?  Will that bring her back?

Answer 2

I am so sorry for your loss.

It sounds like his mother should be held responsible. I know in my state if you have a permit you must have a licensed driver over the age of 21 in the car with you to be driving. I can't believe that your state is that different. You might seek legal counsel.

Answer 3

I am very sorry for your terrible loss.

In order to give you definitive answers we need more information but here is what I suggest as some general help.

If not already done you need to obtain the insurance information for the van and the school (although, it's not likely the schools insurance would come into play here).

Next you need to report the claim to the vans insurance and your own car insurance company. You need to notify your company in case the van is uninsured or doesn't have enough insurance. Hopefully, you have Uninsured Motorist and Underinsured Motorist coverage on your own auto policy.

In a case like this, there is a good chance that all the insurance companies will be contacting you.

Whether you contact them or they contact you, you need to ask them how much coverage they have available. You also need to ask them to send you a letter outlining whatever info they need from you for you to make a claim.

Try to handle this, at least at the beginning without a lawyer. There is no point in signing away 33% of your claim early into the claim.



Even though he only had a permit the kid driving should be covered under moms policy.

Answer 4

first off very very sorry to hear that. second i would definitely go after the mother for that if she gave him permission than you should go after her, if the car was insured you can still go after the insurance company becuase that could be vehicle manslaughter

Answer 5

The problem is that auto insurance normally covers VERY little for occupants of the at-fault vehicle and these are normally limited to medical bills capped at possibly $5K.

You would have to sue the mother in civil court to recover anything monetarily.  Also, I would assume that some level of criminal charges would be pending against the mother as well.

I am so sorry for your loss.

Answer 6

I would hold the mother responsible for this tragic accident. (I'm sorry to hear that, mate)

But it is her responsibility to look over her child and since she didn't do her job, well there you go.

Answer 7

You can sue the parent/s through civil court. An attorney would certainly be needed to carry this out. The driver will be charged through the state for various things, and will not be able to drive for many years. This is little consolation to you, I'm sure, but is a small token for what the driver did. If the guardian/parent doesn't have any money, it's really going to be difficult to collect. You'll receive the judgement, likely, but collecting is something else. I'm not sure what else legally you can do. What a tragedy, one trying to grow up too fast and the parent allows it, the other simply wants to enjoy their school time and is the one punished. I'm sorry for your loss. I'd like to add that the insurance company doesn't have to cover it, the driver had a permit and was supposed to have a licensed driver with them, when they are driving, so the insurance would be in default.

Answer 8

I can understand your feelings; anything you do now will never bring your child back; I am sure that guy did not do this action purposely despite the fact he committed an offence; try to meet the parents to hear their versions but most important keep cool. I am convinced they would like to meet you but they fear you might bully them. So as an educated person, make the first step and you will see a positive result will crop up. Money will definitely not solve the situation. The french will say:" l'argent ne fait pas le bonheur" and it's true.

Answer 9

Sorry for your loss.  If the driver was driving mom's van with her permission, mom is responsible and her insurance should cover.  Contact your insurance agent and see what your options are.  In most states you can't drive using a learner's permit without an adult in the front seat with you, and you can't carry passengers, which would make the mother negligent for allowing it.