Orlando, FL asked in Civil Litigation, Contracts and Small Claims for Florida

Q: Our daughter in law borrowed our car and totaled it. There was no collision coverage. The tow company is coming after us

To pay the bills for towing and storage. They have threatened a lien on our drivers license. Are we legally obligated to pay?

2 Lawyer Answers
Linda Liang
Linda Liang
PREMIUM
Answered
  • Boca Raton, FL
  • Licensed in Florida

A: A car owner is strictly vicariously liable if the driver's negligence causes your damages in a Florida crash. This law is called the dangerous instrumentality doctrine. You could also be held liable for negligent entrusting your vehicle, if your daughter is in no good condition to drive a car and you knew it.

Bruce Alexander Minnick agrees with this answer

Charles M.  Baron
Charles M. Baron
Answered
  • Hollywood, FL
  • Licensed in Florida

A: Yes, and you may demand/sue for reimbursement from your daughter-in-law. I'm guessing she doesn't have the money, but you could draw up an agreement, signed by her, that she pay you in installments and/or pay, or start paying, at a specified future date. If the accident was her fault, shouldn't she take responsibility?

Bruce Alexander Minnick agrees with this answer

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