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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71911
Experience:  Over 5 years in practice
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Jo My son is 16 years of age and was invited by his friend

Customer Question

Hi Jo
My son is 16 years of age and was invited by his friend to drive a car on a field which is co-owned by his dad.my son unfortunately crashed the car into a stationery vehicle and the owner is now seeking costs for damages of around £4000.00 legally where do we stand ?
Submitted: 4 months ago.
Category: Law
Expert:  Jo C. replied 4 months ago.

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Expert:  Jo C. replied 4 months ago.

Are you asking if he is liable?

Customer: replied 4 months ago.
Hi Jo, they are wanting us, as parents to pay for the cost of damages
Expert:  Jo C. replied 4 months ago.

Ok So are you asking if you are ?

Customer: replied 4 months ago.
i'm asking whether either of us is liabile
Customer: replied 4 months ago.
the person seeking costs i believe is a co-owner of the field
Customer: replied 4 months ago.
Are you still there ?
Expert:  Jo C. replied 4 months ago.

There is a claim against you in principle essentially in negligence. The argument being that you failed to exercise control over your son.

The reality is that a 16 year old would usually be considered an autonomous young man and it would be hard to show negligence against you unless there was clear evidence of knowledge and consent.

Their claim against him is much better though.

Can I clarify anything for you?

Jo

Customer: replied 4 months ago.
Thanks Jo, how could they sue a 16 year old school boy ?
Expert:  Jo C. replied 4 months ago.

Because he is liable.

He cannot defend on the basis he is 16.

Customer: replied 4 months ago.
Ok, if they were to sue him. How would they do it considering he has no income ?
Expert:  Jo C. replied 4 months ago.

They can a CCJ fairly easily.

How they enforce is another matter.

I suppose they could seek a CCJ and enforce in later years when he is working.

But probably they are trying to get around this by suing you.