Hayward, CA asked in Criminal Law, Car Accidents and Juvenile Law for California

Q: My Wife is temp guardian of 17 yr sister. Sister wants to drive with no license. Are we liable/can we be sued?

Brother in law purchased the car for the sister so it is in his name.

Insurance status is unknown.

Mother-in-law signed off on the driving permit and all DMV related items. Wife and I signed nothing in regards to that.

I assume that as temp guardian my wife is liable for any decisions or for allowing her sister to drive unlicensed.

4 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: there are criminal issues of her driving without a license VC 1601

and civil issues if she gets in an accident and hurts/kills someone...............as a plaintiff lawyer i would join everyone as a defendant.

under no circumstances should she drive or any drive without insurance.

if she gets caught she will not be able to get a license for at least a year.

she is eligible for a license now after she takes test and hopefully driving classes

1 user found this answer helpful

William John Light
William John Light
Answered
  • Personal Injury Lawyer
  • Santa Ana, CA
  • Licensed in California

A: Brother in law is liable for the permissive use of his car. Mother in law is liable for negligence of your sister. You are potentially liable for negligent supervision of your sister, as her guardian, if you let her drive in violation of the terms of her permit.

1 user found this answer helpful

William John Light
William John Light
Answered
  • Personal Injury Lawyer
  • Santa Ana, CA
  • Licensed in California

A: Mother in law is liable for negligence of your sister as the parent who signed the DMV forms to allow your sister to obtain a permit.

Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: As temp guardian she shouldn't let sister drive without insurance. You want to see what that is. However your wife should get advice from whoever set this up--if guardian means that she can't let sister drive if no car of own, explain to whoever set it up that you can't be in a position of taking on liability for sisters actions.

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