The two kids that drove into our house, the girl driving didn't even have a license, no insurance, etc, only charge was failure to maintain control.
Our insurance company has been fighting the battle for years.
The father of the passenger had insurance but since the insurnace company told the father to say the kid didn't have permission to drive the vehilce they were not laible for the damages. IMHO that should make an automatic theft charge, family or not, its way too easy to get out of liability like that.
In NJ and PA, the only way the parent can try to avoid responsibility for a child's accident in the parent's car is to file a police complaint that the vehicle was taken without permission. That is not the same charge as auto theft, but I believe it does result in license suspension.
Regardless, the driver of the vehicle is still liable for the damages. If she was under 18, her parents are also responsible for her debts. If she was over 18 her future earnings can be garnished and her license suspended until she makes restitution. Either way its a mess that will take years to clear up, but it shouldn't delay your insurance carrier from making you whole under the terms of your homeowner's insurance.
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