Q: We were out for dinner. Our son (19) took my car out for a spin and got in an accident. The other party says it’s his fault. She has some injuries from, what I gather (though not real significant), and property damage. I was not driving and our son is not insured under our policy (he has his own), so I’m not on the hook, am I?

— C.D., Carson

A: California Vehicle Code Section 17150 states that the owner of a vehicle is liable for personal injury or property damage resulting from negligence if permission was given to operate the vehicle. The party claiming damages has the burden to prove that the driver was acting with the owner’s permission, which can be express or implied.

If your son lives in the house, that raises an inference of at least implied permission, and the parent-child relationship can be considered in the same regard. Neither is conclusive they are factors that weigh in favor of a finding of “implied permission.” Even if there was permission, however, a question arises as to whether the driver acted within the scope of permission (e.g., it was OK to drive the car to and from work or school, but not up to the mountains).

Also of note, there are statutory limits under Section 17151(a) for liability on claims of permissive use: $15,000 to one person, $30,000 total (i.e., if more than one person), and $5,000 for damage to property.

Q: We’re being threatened by a person who was in an accident with my friend’s son (both on motorcycles). I own the bike, and they argue that I let the kid drive, knowing he had a history of recklessness. It’s not even my kid, so is there any basis to this?

— R.K., Torrance

A: They are asserting a legal theory known as “negligent entrustment.” For you to be liable, it has to be established that the person driving was negligent in how he operated the vehicle, that he was in possession of it with your permission, that you either knew or should have known that person was incompetent or unfit to drive the vehicle, that you permitted him to drive, and that his unfitness or incompetence to drive was a substantial factor in causing the harm. Bottom line, not a simple task to prove, but you likely know the facts better than anyone, and should carefully think about how they could be assessed in the situation at hand.

DMV resource

The California Department of Motor Vehicles has interesting and informative details online as to how car insurance companies go about investigating a car accident. In your web browser, type “DMV, how car insurance companies investigate accident claims.” Worth checking out before such an event occurs so the process is a little less foreign and mysterious.

Ron Sokol is a Manhattan Beach attorney with more than 30 years of experience. His column appears on Wednesdays. Email questions and comments to him at RonSesq@aol.com or write to him at Ask The Lawyer, Daily Breeze, 21250 Hawthorne Blvd., Suite 170, Torrance, CA 90503. This column is a summary of the law and not a substitute for legal consultation on any particular case.