liability in PA
Posted on : 25-01-2010 | By : Legal Information | In : Car Accident, Legal Questions
Tags: Car Accident, liability, Pennsylvania Traffic Attorney
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My son was driving a friends vehicle and he fell asleep at the wheel. The SUV went off the road and he got it back on and under control. He described that he went airborne. I don’t know how high but he did damage the grill and front bumber of the vehicle. He was able to continue driving and made it back home.
He told his friend and he replaced the grill and had some friends(not licensed mechanics)check it to see if it was ok to continue driving it. They said yes. He plans on paying to repair the bumper as well. The friend later (unknown when)heard a ticking after the accident and the check engine light came on. The friend continued to drive the vehicle for 2 months after the accident with the check engine light on and the ticking sound, then it broke down and had to be towed. The vehicle was towed to a licensed garage where after their inspection they found that the vehicle needed a new motor. The car manufacturer was contacted by the garage for possible warranty coverage on the engine and the claim was denied due to the engine being run when it was hot. In talking with the service manager at the garage and explaining all this to him; he could not say that the accident was the sole cause of the engine damage and since the vehicle was run for 2 months after he didn’t feel it was the likely cause.
The mechanic did see dirt under the under carriage of the vehicle but no visible damage was found.
My son feels some responsibility and I agree but I only feel he owes for the physical damage (grille and bumper) and (if his friend would have taken it in) a diagnostic check and possible repairs at that point.
Doesn’t his friend have a responsibility to respond to the check engine light on his own vehicle by taking it in for the diagnostic check? Also isn’t he responsible if he’s aware of a problem and he does nothing to prevent further damage?
I don’t want my son to be the scapegoat for the owner not being responsible. Also, if the warning from the check engine light would have be checked this incident (the complete engine failure) probably would not have happened or would have been covered under warranty. My son wants to be fair with his friend and I do too so what is he liable for?



