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Car Accident Liability Dispute
Summary
A car accident occurred in Washington State involving two teenagers, one of whom was driving her friends car. The car was totaled after hitting a curb. The driver offered to pay half the value of the car, but the cars owner now wants a more expensive replacement. The cars insurance did not cover the collision, and the car was scrapped at a junkyard. The driver and the cars owner have not reached an agreement on the replacement cost. The drivers parent has sought legal advice on the matter.Full Conversation
my daughters friend asked her to drift the friends car in a parking lot. They hit a curb, and it totaled the car.
What is the age of your daughter and her friend? Also, what state are you located in? This information will help me provide you with the most accurate advice.
wa
What type of insurance does your daughter's friend have on the car?
In Washington State:
- Drifting can be considered reckless driving.
- Reckless driving is a gross misdemeanor, punishable by up to 364 days in jail and a $*,* fine.
In Washington State:
- Drifting can be considered reckless driving.
- Reckless driving is a gross misdemeanor, punishable by up to 364 days in jail and a $*,* fine.
my daughter is * and her friend *
What type of insurance does your daughter's friend have on the car?
The car insurance only covers other vehicle’s getting hit. It is not cover any collision on her car.
What is the name of the insurance company? In Washington State, minimum liability insurance is required and it should cover property damage.
progressive
What is the extent of the damage to the car?
In Washington State:
- Progressive Insurance may deny the claim if the driver is not listed on the policy.
- Contact Progressive at *-*-*-* for more information.
In Washington State:
- Progressive Insurance may deny the claim if the driver is not listed on the policy.
- Contact Progressive at *-*-*-* for more information.
we contacted Progressive and they can’t do anything because of the insurance that is on the car. The car was totaled.
What is the estimated cost of the damage to the car?
In Washington State:
- If the damage exceeds the car's value, it's considered 'totaled'.
- You may need to consult with a personal injury attorney.
In Washington State:
- If the damage exceeds the car's value, it's considered 'totaled'.
- You may need to consult with a personal injury attorney.
There were no injuries
What is the estimated cost to repair or replace the car?
The mother did not want to deal with the car so she scraped it out at a junkyard
What was the value of the car before it was scrapped?
Blue book value was between * and *
What was the agreement between your daughter and her friend regarding the use of the car?
In Washington State:
- Verbal agreements can be legally binding.
- Proof of agreement may be required in court.
In Washington State:
- Verbal agreements can be legally binding.
- Proof of agreement may be required in court.
Right after this happened my daughter offered to replace the car and her friend said no way so her friend said they would go in on halves to replace it
What is the current status of the agreement to replace the car?
In Washington State:
- Verbal agreements can be legally binding.
- Proof of agreement may be required in court.
In Washington State:
- Verbal agreements can be legally binding.
- Proof of agreement may be required in court.
now, her friend wants to go get a car that’s a valued much more than once my daughter to pay much more
What is the value of the car her friend wants to get now?
Over *
What was the agreed amount between your daughter and her friend to replace the car?
In Washington State:
- Verbal agreements can be legally binding.
- Proof of agreement may be required in court.
In Washington State:
- Verbal agreements can be legally binding.
- Proof of agreement may be required in court.
they never officially came to an agreement. This just happened this weekend.
What steps have you taken so far to resolve this issue?
we helped the girl get her car situated because her mother would not help until she finally scrapped it out. We did all the research we offered to take her to go car shopping and my daughter is offering to cover half up to the value of what her car was or give her a maximum of *
What is the response of your daughter's friend to the offer of $*?
In Washington State:
- Verbal agreements can be legally binding.
- Proof of agreement may be required in court.
In Washington State:
- Verbal agreements can be legally binding.
- Proof of agreement may be required in court.
she wants a nicer car so she’s not happy
What was the response of your daughter's friend's parents to your daughter's offer of $*?
In Washington State:
- Parents can be held liable for their minor's actions.
- Consult with a local attorney for more information.
In Washington State:
- Parents can be held liable for their minor's actions.
- Consult with a local attorney for more information.
The parent has said nothing to us
What is the next step you are planning to take in this situation?
My daughter is saving up money to put towards her half
What is the timeline your daughter has given to save up the money?
She is hoping to have it done within two months
What is the response of your daughter's friend and her parents to this timeline?
The parents have not responded. The daughter wants her car immediately.
What is your plan if the friend's parents decide to take legal action?
I don’t know that’s why I’m asking
What is the financial situation of your daughter's friend's family? Are they capable of purchasing a new car on their own?
I don’t know the financial situation of my daughters friend
Do you have any written communication about the agreement between your daughter and her friend?
Not currently because they can’t come to an agreement
What is the nature of the disagreement?
her friend wants a nicer car and my daughter only wants to cover what the value of the previous car was
What was the condition of the car before the accident?
It was an OK condition it had almost *,* miles on it and we know the brakes needed to be done and my daughter said her check engine light was on all the time
What steps are you planning to take to resolve the disagreement about the value of the replacement car?
In Washington State:
- Disputes over property damage can be resolved in small claims court.
- Contact King County Small Claims Court at (*) *-* for more information.
In Washington State:
- Disputes over property damage can be resolved in small claims court.
- Contact King County Small Claims Court at (*) *-* for more information.
I don’t know that’s why I’m reaching out on here
Have you considered mediation to help resolve the disagreement? In Washington State, many disputes can be resolved through mediation, which is less formal and often less expensive than going to court.
I have no idea
Have you or your daughter communicated your offer to pay half the value of the previous car in writing to her friend or her friend's parents?
yes, it’s all been through text messages
What was the response to your written offer in the text messages?
The daughter was upset because she thinks my daughter is going back on what she said, but my daughter is maintaining the same situation
What exactly did your daughter say initially about replacing the car? This could be important in understanding if there was a change in her stance.
she told her friend initially that she was really sorry and she would replace the car and her friends that there is no way I’m letting you pay for everything
What is the current status of the agreement between your daughter and her friend?
It’s Unknown currently
What steps are you planning to take next to resolve this issue?
I am unsure at this point I’m just asking for general information
I don’t know I’m just inquiring on general information
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