Expert: Richard Hixenbaugh - 10/21/2009

Question
My grade nine daughter is on a school volleyball team.  She was driven from school to a volleyball game by a volunteer driver (parent of another girl on the team).  It was extremely windy when they got to their location and when my daughter opened the door, the wind caught the door and it damaged the vehicle in the next parking spot.  The other parent thinks my child is responsible for the damage (because my child was not careful when opening the door)and therefore I (her parent) need to pay for the damage. I think the driver is responsible (she is the one who assumed responsibility over the players she drove and she parked too close to the other vehicle and did not allow for safe exit of the vehicle).  Who is responsible in this case?

Answer
Hi Jackie,

I am not specifically familiar with Canadian law, but I would say that it would be the parent that was driving that would be legally responsible. However, being that it was your dauhter who actually caused the damage, you may feel moraly obligated to pay. After all the claim on her insurance will likely cause her insurance rates to rise for the next 3 years. There should be a reasonable compromise the two of you can reach.

I hope this helps
Richard Hixenbaugh