Kankakee, IL asked in Car Accidents for Illinois

Q: My stepson caused damage to my home and car prior to him obtaining a permit to drive.

We had a verbal agreement that he would help with all the repairs. He has decided not to return to our home because his mother bought him a car (just turned 16) and doesn't like he would be grounded from the car at our home until the repairs are done to my car.

The mother is unwilling to speak to us regarding the damages. Would my husband and his ex be responsible for the repairs to the car? Is it too late to report the damage?

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1 Lawyer Answer
Charles Candiano
Charles Candiano
Answered
  • Personal Injury Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: You ask: "Is it too late to report the damage?" Too late to report the damage to whom? If I understand you, correctly, you are saying that a 15-year-old drove one of your cars into your house, damaging both the car and the house. You also state that you made a "verbal contract" with a minor that did not concern "necessaries." A minor cannot enter into ANY contract, written or oral, except for necessaries which consist mostly of food and lodging and essential clothing. You have no claim with your homeowner's insurance because he is immediate family who was living at the residence and thereby probably excluded. Injury to him or injury that he caused is not covered.

He was not a licensed driver and therefore couldn't have been insured to drive so your car insurance would have every right to deny the claim. It's not "too late," there just wasn't any claim to make. Parents can usually be held responsible for harm caused by their minor children but there would be little point in suing his mother because she would simply sue your husband because he is jointly and severally liable for his son's actions unless there is some clear provision in the custody agreement that states whether the custodial parent is legally liable for injury or damage caused by the child.

Someone who the young man respects needs to sit down with him and explain concepts like responsibility for one's actions and fairness.

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