Q: What is the parental liability for minors that accidentally damage a parked car?

A: Parents are generally not liable for their children's negligence, with exceptions:

1. Where a minor, licensed driver causes property damage or bodily injury, the parent is vicariously liable for all harm caused. (Vehicle Code 17707).

2. Where a minor discharges a firearm resulting in injury (Civil Code 1714.3; liability up to $30,000 for injury to or death of one person as a result of any one occurrence, or $60,000 for injury to or death of all persons as a result of any one such occurrence).

3. Where a minor's wilful misconduct causes injury, California Civil Code 1714.1 makes parents and guardians vicariously liable for up to $25,000 for their child's willful misconduct. Liability is limited to medical, dental and hospital expenses not to exceed $25,000. There is no recovery for pain and suffering damages or punitive damages.

In your case, the parents might be liable for their own negligence in failing to supervise their child. To prove parental negligence, you must prove that:

The parent observed the behavior that caused the injury or was aware that the child had habits or tendencies that created an unreasonable risk of harm to others;

The parent had the opportunity and ability to control the child's conduct;

The parent failed to use reasonable care to prevent the conduct or harm; and

As a result of such failure, the plaintiff was harmed.

(Ellis v. D'Angelo (1953) 116 Cal.App.2d 310; California Civil Jury Instructions (CACI) 410; Robertson v. Wentz (1986) 187 Cal.App.3d 1281. See also Reida v. Lund (1971) 18 Cal.App.3d 698; Costello v. Hart (1972) 23 Cal.App.3d 898; Buelke v. Levenstadt 190 Cal. 684; Rocca v. Steinmetz, 61 Cal. App. 102; Poncher v. Brackett (1966) 246 Cal. App. 2d 769.).

A: By the way, the child can be liable for their own negligence, and it would be covered by the parents' homeowners insurance. “Children are judged by a special subjective standard. . . . They are only required to exercise that degree of care expected of children of like age,experience and intelligence.” (Daun v. Truax (1961) 56 Cal.2d 647, 654 [16Cal.Rptr. 351, 365 P.2d 407].) Whether the child in your case was negligent would depend on his/her age and whether children of a similar age, exercising appropriate caution for their age, would have avoided the collision.

If you are going to Small Claims, you should probably sue the parents and the child.

A: Need to check the motorized scooter law. If they aren't legal to ride on a street then dad liable. However if you have collision, why not run it though your company & they'll go after whoever is responsible.