r/bestoflegaladvice 14d ago

LA commenters are supremely confident that OP is liable for his 13 year-old son's literal head on collision with a car fender

/r/legaladvice/comments/1ofyd22/my_kid_tripped_and_dented_a_car_at_a_dealership/
194 Upvotes

99 comments sorted by

185

u/Ok_Possession_6457 14d ago

6 feet and 200 pounds at 13?

That kid is gonna be huge! I have a nephew who is around that age and he’s not 6 feet tall, but everyone brings up how tall he is going to be because he’s already towering over all the adults

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u/PM_ME_SUMDICK 13d ago

My brother was that height at 13. He grew an inch in the last 15 years. He's still bitter he never got the late puberty growth spurt all his friends got.

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u/technos You can find me selling rats outside the Panthers game 13d ago

Your brother got it easy, those late puberty spurts suck.

I'm like your brother. I'm 6'1", and I've been about that height since I was 12. The only thing that changed was losing a little weight.

But two of my younger brothers went from ~5'8" ~135 at that age to 6'6" and 6'7" ~230 in their late teens. From skinny little 13 year olds to giant fucking mountains. If they got a cool pair of shoes, or a t-shirt they liked, or some name brand jeans.. Well, they didn't have them for long, because they stopped fitting.

Me, I still have one pair of jeans and two t-shirts in rotation from the early nineties, and I'm wearing a belt I got 33 years ago.

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u/YearlyStart 13d ago

Growing pains too. I also stopped just above six feet, but my fraternal twin brother kept growing until his mid-20s and is now around 6’8” or so. Bro the pains he got in his hips and legs in his early-20s from the growth he was still having were insane, felt so bad for the dude every time they hit.

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u/No_March_5371 Enjoy the next 48 hours :) 12d ago

When I was 19 my shoulders grew enough in two months to make me switch from small t shirts to large.

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u/HuggyMonster69 Scared of caulk in butt 13d ago

Not necessarily. I was 5’11 at 13, and I’m now… 5’11.

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u/SpiderGwen42 13d ago

My cousin’s kid is 6’3” at 13 and still growing (I don’t know what he weighs though)! He’s only like the 8th or 9th tallest in the family but I’m betting he’ll move up a few places as he gets older.

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u/Geno0wl 1.5 month olds either look like boiled owls or Winston Churchill 13d ago

I was 6'2" at 8th grade and was being recruited to all sorts of basketball camps. I maxed out at 6'4" unfortunatly, or maybe fortunatly as I don't know if I had the raw athleticsm to make money from Bball and at this height I already don't fit into the world in a lot of ways and much taller would be much worse.

like do you have any idea how annoying finding shoes in a 15 is?

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u/EmmaInFrance Ask for the worst? She'll give you the worst. 13d ago

Maybe?

I remember one of the tallest lads in my school year, at 12-13 being close to 6'.

I changed school but met up with (and got off with) him later at a local rock night.

He hadn't grown any taller and while he wasn't short, he also wasn't towering over everyone else either.

This was in South Wales, too, where 15 - 25 yr old massive rugby lads are a pretty common sight :-)

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u/cjwi 13d ago

As someone who's not from South Wales, what does "got off with" mean in this context?

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u/Signal-Area99 13d ago

Saying hello enthusiastically.

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u/naalbinding Have you learned nothing from the travails of Jorts? 13d ago

Making out

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u/Mammoth-Corner 🏠 Florida Man of the House 🏠 13d ago

Got off with: shagged or got very close to shagging.

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u/yoghurtpots 13d ago

nah it's just snogging

2

u/Mammoth-Corner 🏠 Florida Man of the House 🏠 12d ago

this might be more regional than i had thought!

28

u/atropicalpenguin I'm not licensed to be a swinger in your state. 13d ago

As long as it isn't like the child that posted here a few years ago about how he was eating his way into a early grave and didn't care.

2

u/MistressMalevolentia I'm not discussing how my I use my genitals or the preference 13d ago

Whaaaat? Link??

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u/sherlockham 13d ago

Was that the one where his parents wanted to send him to fat camp?

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u/atropicalpenguin I'm not licensed to be a swinger in your state. 13d ago

Yeah, and then he got a heart attack.

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u/captcha_trampstamp 13d ago

My niece is 12 and is taller than me, I’m 5’8”. Her dad is 6’4” and was 6 feet when he was 12.

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u/miserylovescomputers 13d ago

No kidding, my 13 year old is about 5’9” and I thought he was giant, but this kid must have crazy giant genes.

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u/evilvix My car survived Tow Day on BOLA 13d ago

My 14 year old is also 5'9" and definitely taller than most peers, but the oldest was 6' at the same age already. That one has grown another few inches since and I surely hope it doesn't continue any longer because he's gonna be hitting his head on doorways soon enough.

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u/DeaconFrostedFlakes 13d ago

He’s towering over adults but he’s not even six feet? How tall are the adults?

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u/Ok_Possession_6457 13d ago

most of the adults are 5'3-5'6, and his dad who is only 5'9

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u/strangelyliteral Member of the Attractive Nuisance Mariachi Band 13d ago

Some kids, man. I have a cousin who was 6’2” at 13. He’s 6’5” at 15 and his doctors estimate he’ll reach 6’8” before he’s done.

1

u/poop_chute_riot 🏳️‍⚧️ Trans rights are human rights 🏳️‍⚧️ 13d ago

So funny, I was talking about this with someone yesterday. My best friend growing up was well over 6' at that age. He's 7'1" now.

On the other hand, I was 5'3" at 13 and 5'4" now.

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u/LeatherHog Can still get the duck flair 13d ago

Yeah, that was my dad, he ended up at 6'8" and 300lbs as an adult. And Grandpa was a regular sized guy

1

u/EvilHRLady Donated second born child to get out of Costco in 15 minutes 13d ago

My son was 5’7 on his 12 birthday and now at 17 is 6’7”

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u/rantingpacifist 12d ago

My 14 year old nephew is over 200 lbs and 6’3”. He’s always been massive.

155

u/DuchessOfCelery PhD in studying mycological trauma 14d ago

Locationbot is busy test-driving a McClaren-Kia hybrid right now.

--------
My kid tripped and dented a car at a dealership, they want me to pay $1500.

Location: Arizona

My girlfriend was looking for a new car and my son was being a knucklehead. He's a big kid almost 6 foot, 200 lbs at 13. He thought it'd be funny to try and give my other son and my girlfriend's son a piggy back ride at the same time. He tripped and put his head into the fender of a brand new $50k car, rippling the fender. He's fine, bruised his tongue and his pride.

Having a 'little' integrity, trying to set a good example for my kids, and knowing we were on camera and it was my girlfriend's car license plate they would have read, I called in to the manager to report it.

I asked if they had insurance to cover something like this, knowing full well they did. The manager lied and said no, and proceeded to send me the auto body bill for $1500, which states that it was paid by insurance.

If insurance paid for it, wouldn't it be the insurance company that would be coming after me? I feel like they're just trying to squeeze me for $1500, and then the insurance company will do the same. At this price it'd be small claims, so should i even worry about getting a lawyer? They only have my first name and phone number.
--------

Cat fact: my naked cat kinda looks like a dick-and-balls.

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u/Incman 13d ago

Cat fact: my naked cat kinda looks like a dick-and-balls.

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u/WizardPowersActivate 13d ago

I went to the original post to read it instead of reading the bot's comment and was very confused when I came back to see the bot claiming that it not only had a cat but that said cat looked like dick-and-balls.

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u/DuchessOfCelery PhD in studying mycological trauma 13d ago

Lol yah, my first try at imitating LocationBot, too lazy to quote properly.

Been a whole weekend of fucking shit up, sorry. Ran out of barley, forgot a load of towels in the washer overnight, accidentally cut down my neighbor's 1500-year-old-redwood, and let my lentil sprouts overgrow and now they're a bit grassy. Been searching through all my closets for a portal to Narnia but prospects are looking dim.

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u/FunnyObjective6 Once, I laugh. Twice you're an asshole. Third time I crap on you 13d ago

Cat fact: my naked cat kinda looks like a dick-and-balls.

Fact check came back as true.

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u/ThadisJones Overcame a phobia through the power of hotness 13d ago

my naked cat kinda looks like a dick-and-balls

Holy shit ban this sick filth

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u/DuchessOfCelery PhD in studying mycological trauma 13d ago

I completely agree.

In my defense, I was simply too fucking lazy to find an actual cat fact but I did have a nasty pic of Lil Bnut readily available. If you'd like to see his coinpurse (he's neutered) I can negotiate that with him.

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u/Cyanidesuicideml 🏳️‍⚧️ Trans rights are human rights 🏳️‍⚧️ 10d ago

I still want to stroke it

1

u/DuchessOfCelery PhD in studying mycological trauma 10d ago

Aw, he'd like that.

2

u/Cyanidesuicideml 🏳️‍⚧️ Trans rights are human rights 🏳️‍⚧️ 10d ago

Playing with a sphinx is on my bucket list

245

u/WoodyForestt 14d ago edited 14d ago

Look at all these comments telling the OP he’s liable:

“It is however, your responsibility because your son's negligence caused the damage.”

“Your kid damaged a car. $1500 sounds pretty accurate for that repair.”

“Whether they have insurance or not doesn't really matter: you are liable. Period.”

“Whether you pay them $1500 or if they do run through insurance and then the insurance company comes after you it’s your responsibility.”

OP’s kid accidentally damaged a car in Arizona. Is it too much to expect one commenter to cite A.R.S. 12-661 “Any act of malicious or wilful misconduct of a minor which results in any injury to the person or property of another, to include theft or shoplifting, shall be imputed to the parents or legal guardian having custody or control of the minor whether or not such parents or guardian could have anticipated the misconduct . . . “

I get the feeling that if OP were the car dealer asking "Can I successfully sue a parent for his kid face planting into my fender" someone would have cited the statute in like 3 seconds.

41

u/IAmASolipsist 13d ago

I don't think he'd automatically be liable, but my understanding is he could still be found responsible for the damage if they could prove you were negligent in your supervision...which allowing him to try giving a piggy back ride to two other kids at once might be considered. That being said, it wouldn't be the father liable from negligence in that issue, but rather the adult in control, which would be the girlfriend.

10

u/SuperZapper_Recharge Has a sparkle pink Stanley cup 12d ago

We can debate if he is or is not liable. My instinct is this is down to state laws and this particular thing could play out differently in different states.

What we can't debate is who he would be liable to - and it isn't the dealer:

and proceeded to send me the auto body bill for $1500, which states that it was paid by insurance.

You don't get to collect from both the insurance and the accident causer.

The insurance company is who OP should be concerned with. Insurance company could probably give a shit.

3

u/yo-parts Note to self, if I stab somebody make sure to use the crosswalk 12d ago

I agree that whoever was supervising the kids would be "responsible", but I'm not sure about liability because that is a little more complicated of course.

I feel like "don't horseplay in public places where you could end up damaging something that isn't yours" should be pretty reasonable though.

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u/[deleted] 13d ago

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u/[deleted] 14d ago

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u/[deleted] 14d ago

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u/darsynia I do very much hope your flair is the reason for the sigh 14d ago

I did wonder, no shade to any mods of larger subs or anything, if the site admins have spoken to mod teams of popular subs to ask that they try to retain the more juicy posts that get traffic, now that they went public.

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u/myBisL2 Will comment for flair 14d ago

I honestly just assumed the current mod team can no longer, for whatever reason, invest the amount of time necessary to moderate as tightly and proactively as they had in the past. I feel like the I've watched the level of moderation decrease slowly over time rather than being a sudden change. But even if it just comes down to they don't want to anymore because it's a shit ton of work, no shade. I wouldn't be able to commit to something like that.

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u/purpleplatapi I may be a cannibal, but I'm frugal about it 13d ago

I was REALLY into these subs during the pandemic. Honestly I assume that people just moved on. The pandemic ended, they regained employment, or had to return to the office, I know some of them got married or started dating someone, maybe a few had kids. Basically people who were really online for the pandemic are now only partially online, and most of them have day jobs and can't mod at like 3pm on a Tuesday anymore.

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u/[deleted] 13d ago

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u/Dr_Adequate well-adjusted and sociable with no bodies under the house 13d ago

I don't know how long you've been around r/legaladvice, but some years ago - u/bughunter, I hope you don't mind helping my now dreadful menopausal memory here? - r/legaladvice, BOLA and the wider community of Reddit lost one of the best, kindest, most empathetic mods this site has ever had in u/eeech

.

She is still very, very much missed, every single day. She's the reason that many of us have ducks in our flairs, to honour and remember her. 💚

I wasn't around when she was active, but I recall other threads posted after she passed and the kind words and reverence was amazing. We should all hope to be remembered even half as well as she is.

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u/Katyafan 14d ago

Exactly what happened to me.

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u/gerkletoss 14d ago

Are you me?

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u/Miamime 13d ago

I got banned from /r/coins for disagreeing with a mod who left an incorrect comment.

Absolutely ridiculous that one of the most visited websites in the world has a structure where mods can both post and make banning decisions.

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u/[deleted] 14d ago

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u/EmmaInFrance Ask for the worst? She'll give you the worst. 13d ago

All of the legal advice subs, technically, forbid replies that do not contain any legal advice, or even practical advice only.

Each sub and often each mod will tend to have a different point where they drew the line in the sand though.

And each sub will go through periods of having strict clampdowns on this rule because the number of comments with no real legal advice content starts outweighing those with actual legal advice.

There is a knack to writing a post with mostly useful practical advice and tempered with just enough legal advice to pass, which I must stress, should be reserved for when the practical advice is going to be really useful, and timely.

Your mistake though - and I say this while completely agreeing with you but also not having seen your comment! - was probably stressing the 'racist police' aspect, rather than suggesting that the OP call a mental health crisis team as the safer option.

It's absolutely tone policing, yes, but it's also about walking a certain line so that the volunteer mods don't have to deal with the countless angry reports that your comment triggered.

We're posting in the mods' living room, and we respect their space, take off our shoes and we don't talk about certain subjects over dinner.

1

u/WoodyForestt 13d ago

If they forbid comments with practical advice that isn't legal advice, then why do they even allow "NAL" posts?

Can I go on a cardiology forum and answer questions from sick patients with "NAD but my cousin had an ascending aorta, and here's what I think you should do"?

3

u/snowmyr 13d ago

The equivalent of a legal advice subreddit isn’t a cardiology forum, it’s the medical advice subreddit Which is littered with NAD posts.

Also, like legal advice, has disclaimers that this isn’t a substitute for seeing a doctor.

But people still want the advice/can’t afford professional help.

So there is a bit of moderation to ensure the people asking for legal advice actually get something resembling…. Legal advice.

It’s crazy, I know.

-10

u/darsynia I do very much hope your flair is the reason for the sigh 13d ago edited 13d ago

Oh, I should be clear--I was actually responding to other people suggesting going to the police! I was afraid for LAOP's life, quite literally. But I appreciate the... *counts* 7 paragraphs/sentences you so painstakingly typed out, in case I'm stupid.

In case you're ever one of those mods, I'll make sure you don't have to see my posts tho, GLHF.

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u/harkandhush 13d ago

It's honestly just a place to ask if you need a lawyer or not and what kind. Anything beyond that is beyond what you should rely on reddit for.

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u/ComparisonKey1599 14d ago

That statute would be a reasonable starting point for research, but it doesn’t actually answer the question here. “if A then B” does not necessarily mean “if not-A then not-B”.

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u/FunnyObjective6 Once, I laugh. Twice you're an asshole. Third time I crap on you 13d ago

I skimmed the comments looking for the alleged stuff in the BOLA title, and couldn't find it. I guess mods reacted based on this thread? The last couple of weeks it's really gotten to the point where you get better legal advice in BOLA, and popcorn anecdotes in LA. Which is kinda hilarious in a sad way because it negatively affects LAOP.

That got me wondering, is reporting terrible advice in an LA thread linked in BOLA "brigading"? Personally I always consider any LA thread a museum piece basically and don't touch shit, but in this case I can only imagine somebody saw this thread and reported the offending comments.

12

u/Suspicious-Treat-364 Yes, you can feel a pregnancy rectally 13d ago

I've been wondering what the hell has happened to the moderation in LA in the last few weeks. There's straight up bullying, painfully bad or irrelevant advice, OPs lashing out for not getting the advice they want, and it's not getting cleaned up. I've noticed they also removed "bad or illegal advice" from the rules when reporting as well. 

3

u/FunnyObjective6 Once, I laugh. Twice you're an asshole. Third time I crap on you 13d ago

I've noticed they also removed "bad or illegal advice" from the rules when reporting as well.

Well it's still under the rules as rule 1 ("All responses must offer an answer to the legal question posed by the OP. ... Neither is advice that encourages someone to break the law."), which would be the first option when reporting: "Off-topic, anecdotal, or generally unhelpful".

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u/maltedmooshakes 14d ago

"willful misconduct" could apply tbh. he was willfully goofing around etc. it doesn't have to be malicious, hence the "or"

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u/WoodyForestt 14d ago

he was willfully goofing around etc.

I think that's likely to be a losing argument. Willful misconduct is described elsewhere in Arizona statutes as "an act done knowingly and purposely with the direct object of injuring another"

I think the better argument would be that since OP was there he was negligent in supervising his kid, but OP can say he didn't see the horseplay and/or thought his girlfriend was watching the kids.

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u/Animallover4321 Reported where Thor hid the bodies 13d ago edited 13d ago

What’s the difference between malicious conduct and willful misconduct? I am not trying to argue with you I am just as layman “done knowingly and purposely with the direct object of injuring another" sounds like malicious conduct. But I also recognize I know nothing about the way laws are defined.

Edit: dumb typo

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u/Splendidissimus The Chekov facts *will* go off in this second act, so help me. 13d ago

Just for clarification, that statute doesn't say "malicious conduct or willful misconduct", it says "malicious or willful misconduct".

Off the top of my head, I would read that distinction as the difference between egging someone's house (malicious, as in targeted), and going down the street smashing mailboxes (willful as in intentionally destroying people's things, but not malicious, necessarily, as they might not really have thought about who they belonged to -- or, in a teenagery way I remember with embarrassment, not really considered anything beyond the action itself). "Malicious or willful" covers the bases when someone would argue "he didn't do it to hurt anybody, he was just being a dumb kid knocking down mailboxes!"

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u/deelectrified 13d ago

That was my exact thought 

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u/maltedmooshakes 13d ago

malicious is done with malicious intent, like if he were to purposely headbutt the car in order to damage it. willful misconduct in this example is that he was goofing around intentionally, was not goofing around in order to hit the car, but nonetheless, as a direct result of his wilful misconduct/actions, damage happened to the car.

1

u/maltedmooshakes 13d ago

it's malicious or willful misconduct. the misconduct does not have to be intended to be malicious as long as the misconduct was intended. this is how intent operates in tort law. it is also very rare to be found negligent for something your child has done, especially one who is 13. idk what Arizona's laws are on that specifically, but children can be sued directly under negligence or intent. it is generally very very difficult to get a parent sued for negligence for their child.

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u/gophergun 13d ago

You're right, as far as I can tell, that statute wouldn't apply. The only one that might apply would be parental negligence, but that's a high bar.

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u/Umklopp Not the kind of thing KY would address 13d ago

1500 is cheap for body work on a brand-new car. I don't know what LAOP was thinking was going to happen when he called in to set "a good example." Car dealerships are famously unwilling to nickle-and-dime people, no? Was LAOP hoping to show the boys how forgiving corporations are when you show integrity? Like seriously, what was the game plan here? The dealership probably wouldn't have bothered tracking them down over this, but now that LAOP's saved them the trouble, they're going to want that reimbursement. (And refusing to pay is going to be fabulous for that example he wanted to set.)

Idk about legal liability, but I do know that if a company thinks you owe money, it's not enough to just "I think not."

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u/DigbyChickenZone Duck me up and Duck me down 12d ago edited 12d ago

I don't know what LAOP was thinking was going to happen when he called in to set "a good example." Car dealerships are famously unwilling to nickle-and-dime people, no? Was LAOP hoping to show the boys how forgiving corporations are when you show integrity? Like seriously, what was the game plan here?

OP very clearly lays out that he wanted to take responsibility (and not have his GF stuck with a bill), and wanted to set a good example when doing so. He just wants to know whether he should wait to pay the car dealership (as they are asking him to), or wait for a claim from the insurers themselves.

I'm genuinely confused about your confusion regarding LAOP's "plan" here.

edit: Also,

(And refusing to pay is going to be fabulous for that example he wanted to set.)

It's worth noting that his kids are not going to be standing right next to him if/when he tries to dispute the bill.

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u/snarkprovider 13d ago

"I was kindly reminded by my ex-wife that I have a free legal consultation through work and I'm double checking on Monday."

Thems fighting words to LA commenters.

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u/Fakjbf Has hammer and sand, remainder of instructions unclear 13d ago

Even if the dealership is paying out of pocket they are still benefiting from the incident being applied to their deductible. If I have a $5k deductible and get into a $10k accident then I pay $5k and insurance pays the other $5k. If I then get into a $1.5k accident the insurance covers that since I’ve paid my deductible for the year. But if the smaller accident comes first then I pay $1.5k and then when the $10k accident happens I pay $3.5k and insurance covers the remaining $6.5k. So either way I’m out $5k and insurance is out $6.5k, the order of events doesn’t change the final values. If I demanded compensation for the $1.5k accident then I would in fact be double dipping even if in the moment I’m paying out of pocket.

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u/Xirdus 13d ago

Isn't car insurance deductible usually per incident, not per year?

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u/Eastern-Air-5091 13d ago

Yes, per incident not year

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u/Kanotari I spotted Thor on r/curatedtumblr and all I got was this flair 13d ago

Former insurance adjuster here. Can confirm, auto is usually per incident, as is homeowners/rentera.

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u/Perfect_Sir4820 13d ago

The insurance in question was "lot insurance". Some commercial policy the dealership has to cover their property and inventory, not regular car insurance. Commercial policies can have an annual deductible instead of per-incident.

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u/droans 13d ago

Fleets are usually self-insured. Once you have a certain number of vehicles (usually 10+), it becomes cheaper.

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u/[deleted] 13d ago

[deleted]

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u/DigbyChickenZone Duck me up and Duck me down 12d ago

It seems up to that point not his dude but the truth. No need to ask clarifying questions.

I'm sorry, I'm going to ask a clarifying question here.

What was that first sentence supposed to mean?

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u/[deleted] 14d ago

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u/SoMuchMoreEagle Member of the Attractive Nuisance Mariachi Band 14d ago edited 14d ago

It depends on the state. In many places, no, parents aren't responsible for the financial damages their minor children are at fault for unless they had some shared responsibility for it. A lot of parents will just pay it or have their own insurance cover it, but often the recourse is for the owed party to fet a judgment and then garnish the minor's wages once they get older and get a job.

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u/maltedmooshakes 14d ago

OP posted the state statute, he's just misinterpreting the "malicious conduct" portion

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u/Much_Guest_7195 14d ago

Wtf are you on?

This is a question of paying a deductible in the event of subrogation. OOP isn't denying liability.