Expert: Richard Hixenbaugh - 7/19/2010

Question
My brother was in a car accident yesterday where a 14 year old boy was driving a stolen Cadillac Escalade and ran a red light and hit my brothers truck broadside.

My brother was in and out of the hospital in a very short amount of time (thankfully) but his truck is totalled.

He is a courier and uses his (admittedly older) truck as his means of income, however, due to poor planning he does not have comp and collision on his insurance policy.

Our question is, who is responsible? Since the driver is only 14, do we attempt to sue him and his family in small claims court? can we file ANYTHING against the owner of the vehicle?

Answer
Hi Sara,

Since the vehicle was stolen, the owner of the vehicle is not responsible for your damage so his insurance will not pay.

Unfortunately, the only chance your brother has for any recovery is to sue the kid and his parents for the value of the truck. If the kid was arrested, your brother should contact the District Attorneys office. There may be some kind of restitution thay can order as part of his sentence.

I hope this helps
Richard Hixenbaugh