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A kid on a bike ran into my car. can I sue his parents for my auto deductable? I live in northampton county PA

Bethlehem, PA |

The kid is thirteen. there were two witnesses how gave statements to the police he was at fault not me. There is damage to my car. He was unhurt.

Attorney Answers 3


Yes, you may sue for all property damages. If the amount is high enough it might justify the hundreds of dollars of filing fees and then the attorney fee costs, too.

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It depends on how old the child is. Generally the age at which a child becomes liable for his or her own torts is around 12 (check your state's law). If the child was that age or older, and did not have a background suggesting that he was wreckless, his parents would probably not be liable---the child would. Absent very unusual circumstances, the child would have no assets from which to recover. If, however, the parents were negligently supervising the child, or knew that he had a habit of running into cars and did nothing to take the bicycle away, they may well be liable.

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You can sue the 13 year old child if you want. The claim would be covered by his parents' homeowners' insurance. You would incur costs for filing fees and you may have to subpoena the witnesses to testify to prove what happened.

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