Berkeley, CA asked in Civil Litigation, Personal Injury and Juvenile Law for California

Q: Tesla damaged by VEO bike; daughter coerced into admitting responsibility. Next steps?

My 17-year-old daughter accidentally knocked over a VEO bike while falling off her bicycle, which subsequently damaged a Tesla. The Tesla owner, who was inside the car, intimidated my daughter into texting him and taking responsibility for the damage, making her feel bullied. After the incident, I spoke to the owner using my daughter's phone and refused liability, suggesting he contact VEO for damages instead. The owner was rude and filed a police report. Now, a police officer is contacting me. My daughter didn't directly hit his car; it was the VEO bike. Should the Tesla owner seek damages from VEO, or is there another approach we should take to protect my daughter's rights, given the coerced admission of responsibility?

2 Lawyer Answers

A: Didn't directly hit the Tesla? She set it in motion so she is liable... whether she admitted liability or not. I would expect a typical driver to be rude after receiving a call like yours. You're refusing to take responsibility for your daughter's negligence that resulted in presumably, costly damage to a costly vehicle. And... police have a tendency to show up at your doorstep after things like this. You're responsible. Contact your insurance company. Pay the bill. Resolve it as a civil compromise. It was an accident.

James L. Arrasmith
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Answered

A: Your daughter's situation involves a complex chain of events where she didn't directly damage the Tesla—the VEO bike did. The text admission might concern you, but statements made by a minor under pressure often carry limited weight in determining liability. Given the third-party involvement of the rental bike, there's a strong argument that VEO bears responsibility as the equipment owner.

Document everything about the incident, including the exact sequence of events, any witnesses present, and especially the nature of the interaction that made your daughter feel intimidated. Take photos of the location if possible and save all text communications with the Tesla owner. The legal concept of proximate cause will be important here—your daughter didn't directly cause the damage.

When speaking with the police officer, explain calmly what happened without admitting fault, focusing on how your daughter was pressured while in a vulnerable state after falling. You might benefit from consulting with a lawyer who handles personal injury matters before proceeding further. Many attorneys offer free initial consultations and can help you draft a formal response directing the Tesla owner to take up their claim with VEO, whose equipment actually struck the vehicle.

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