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| driving violation |
webtrain1 |
08/28/04 |
i hope someone can answer this. My 17 year old nephew was driving a car he borrowed from his girlfriend's father and got into an accident that he was not at fault. Here is the tricky part.
he does not have a liscence yet, only driver's permit. His girlfriend was in the car but she has no liscence and is 17 yrs old too. A third passanger was in the car and is an adult but has a drive's liscence from another state. What will happen to him and the might happen top the owner of the car? Fine? denied his liscence? |
Clarification/Follow-up by excon on 09/01/04 9:54 am:
Hello again web:
Well, I re-read your question. It isn't clear whether your nephew was given a citation. It may be that he was cited, and it's only your and your nephew's OPINION that it was not his fault.
If that's the case, then everything is different. Why don't you restate your question and tell us exactly what happened? Don't leave out any detail.
Without that, any advice you get here is worthless.
excon Clarification/Follow-up by excon on 09/02/04 3:30 am:
Hello Mr. Webdude:
Let's see. The Captain told you once. I told you once. Do you think I'm gonna change my mind?
excon
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| Answered By |
Answered On |
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excon
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09/01/04 |
Hello webtrain:
I think the captain gave you excellent advice. You said this to him:
>>We live in Massachusetts. My thinking is that the driver must be liscenced or be in a vehicle with an adult with a proper liscence.<<
If the driver needs to be licensed, what does the driver's permit allow someone to do - sit and watch? No. The driver's permit means that he may drive "as long as he is accompanied by a licensed driver". Your nephew was. The license from another state is valid for that driver to drive in Mass. Therefore, your nephew was doing absolutely NOTHING wrong. He apparently wasn't given a ticket, so NOTHING will happen to him. Any issue between the cops and him are COMPLETE. They don't revisit an incident and issue a citation.
What will happen to the owner of the car? NOTHING. He gave permission for your nephew to drive the car. Your nephew was legally licensed to do so and broke no laws.
Given the above, if the cops were called, a ticket was issued. If it wasn't given to your nephew, then it was given to the other driver. The owner should file a claim with that driver’s insurance company on his liability coverage.
If he won't pay, or a ticket wasn't issued because the cops weren't called, the owner then needs to file a claim with his own carrier based upon his own collision coverage, assuming he has it.
Whether they'll pay depends on the particular coverage he has and his deductibles.
If the cops weren’t called, or if your nephew didn’t get insurance information from the other driver, then you need to teach your nephew a few things.
excon
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