Negligent Entrustment of Auto to Unlicensed Minor: GA Specific

[Dillm4]

Is the owner of the vehicle liable to the unlicensed/minor driver?
And if so, does the auto policy's unlicensed driver exclusion preclude coverage under the owner's policy?

For example:
Auto owner gives a 12 year old permission to drive the owner's auto while owner is a passenger.
Auto owner knows that driver is 12 years old and unlicensed.
The 12 year old hits a tree and is severely injured. There is no third-party (other car) involved.

Who is liable for the 12 year-olds injuries?
What insurance policy will pay for the 12 year-olds injuries?

 

[AndreaSti]

Re: Negligent Entrustment of Auto to Unlicensed Minor: GA Specifi

Is the owner of the vehicle liable to the unlicensed/minor driver?
And if so, does the auto policy's unlicensed driver exclusion preclude coverage under the owner's policy?

For example:
Auto owner gives a 12 year old permission to drive the owner's auto while owner is a passenger.
Auto owner knows that driver is 12 years old and unlicensed.
The 12 year old hits a tree and is severely injured. There is no third-party (other car) involved.

Who is liable for the 12 year-olds injuries?
What insurance policy will pay for the 12 year-olds injuries?

Please don't tell me this really happened!

 

[Josh]

Re: Negligent Entrustment of Auto to Unlicensed Minor: GA Specifi

Ask an adjuster that knows what the policy states.

 

[Dillm4]

Re: Negligent Entrustment of Auto to Unlicensed Minor: GA Specifi

Yes, it did really happen. Now I'm trying to find out if this poor girl can receive some sort of coverage to pay for her severe injuries.

There is an exclusion in the owner's policy that an unlicensed operator is precluded from coverage. I'm trying to figure out if their is anyway around that since the owner of the auto negligently entrusted a 12 year-old minor with operation of the vehicle.

Perhaps a homeowner's policy?

 

[Josh]

Re: Negligent Entrustment of Auto to Unlicensed Minor: GA Specifi

Talk to an adjuster, they're really cool.

 

[brooks]

Re: Negligent Entrustment of Auto to Unlicensed Minor: GA Specifi

What state did this happen in? What is the exact language in the policy excluding unlicensed drivers?

Does the 12 yo have parents that have a car?

 

[Guest]

Re: Negligent Entrustment of Auto to Unlicensed Minor: GA Specifi

well, an unlicensed driver, should be no coverage period.

Nothing to do with permissive driver.

 

[djs]

Re: Negligent Entrustment of Auto to Unlicensed Minor: GA Specifi

Actually, permissive drivers can be unlicensed. They cannot live in the same household.

My guess is dad was letting the kid drive. No coverage, plain and simple. Don't waste a lot of time trying to make up for stupid.

Health insurance should still apply, just auto insurance won't. The kid did have health insurance, right?

By the way, insurance policies cover negligence, given the fact that most accidents are caused by negligence. Now, it has to be unintentional. This is very border line intentional in my book.

Getting around the policy exclusion probably isn't going to happen. If you could make a case that it wasn't reasonable to know the person wasn't licensed, maybe, but that doesn't even apply in this case.

Dan

 

[Dillm4]

Re: Negligent Entrustment of Auto to Unlicensed Minor: GA Specifi

All of these are very helpful.

The 12 year old girl was driving around with a 16 year old boy in the car that he drove regularly. However, the legal owner of the car was the the boy's parents.

The little girls health insurance is picking up some of the bills but I'm wondering if their is anyway to get to the uninsured motorist coverage?

 

[djs]

Re: Negligent Entrustment of Auto to Unlicensed Minor: GA Specifi

No.
Why would uninsured motorist coverage come into play?

Dan
- - - - - - - - - - - - - - - - - -
Let me clarify something. Even if the uninsured motorist coverage came into play (and I don't see how it does), it would be used to reimburse the health insurance company, making it really a waste of time to go after it.

Either that, I'm missing something big here.

Dan