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Francisco Flores, 18, a front-seat passenger in the car driven by the 12-year-old, was not wearing a seat belt and was thrown into a back seat by the impact, Sgt. Hansen said.

I missed that! That's a horse of a different color; he's probably an insured driver and, when this case gets to court, will be the nearest "deep pockets" for the lawyers to go after. And he wasn't wearing a seat belt. The fact that he was, at his age, participating in a joyride with a 12-year-old . . . he's the worst-injured of the five, but he is as responsible as anyone for his own injuries.

18 vs. 12 . . . bears comparison to a statutory rape situation. Any responsible adult would have grabbed the keys and prevented the accident in the first place.

Yes, the fact that an 18 year old was with a 12 year old immediately caught my attention - but not because I was thinking cupability - I was thinking like a Mother - what in God's name was a 12 year old girl doing with an 18 year old man?

But, your comments are interesting......you are probably right that "if", and that is a big if, he is insured, the lawyers could go after him..... Maybe someone with expertise in insurance can tell us.