Can a claim be made against the bike cycle when they are at fault for the accident? He is also a miner are the parents responsib

Asked about 5 years ago - Miami, FL

Friday evening at 11pm my son was hit by a bike cycle that did not stop for traffic. The bike cycle did not have the right of way and he got the tickets for causing the accident and not wearing a helmet and there are other possible tickets that may be issued to him or his parents, he was also taken from the accident scene by so unknown vehicle which may have made his injuries worse. My son doesn’t have full coverage on his vehicle our insurance. Is there any way we can make a claim against this kid parents to cover the damages the kid has caused since he is a minor? His mother is claim she is going to sue us when we weren’t at fault.

Attorney answers (3)

  1. Answered . Negligence of a bicyclist is usually covered under a renters or homeowners insurance policy. If the minor bicyclist's parents have such coverage, you should file a claim against their insurance company.

    Legal Disclaimer:

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.

  2. Answered . Your question is not very clear. First of all, was your son in a vehicle, or was he a pedestrian? if your son was driving a vehicle, then yes, he might have some liability. It doesn't matter who got the tickets, they are irrelevant in a civil proceeding. In Florida, there is the issue of comparative negligence. So, there is a distinct possiblity that the person driving the vehicle is held responsible because they have a duty to all pedestrians and bicyclists of reasonable care. If in fact, it can be proven that the other minor is at fault, you can go after the parents, The issue, though, is whether or not they have assets.

  3. Answered . It is important that you notify your insurance carrier of the accident. By notifying your insurance company, you are complying with the terms of your insurance policy and they will have a duty to appoint a lawyer (at their expense) to defend your son in the event that a lawsuit is filed against your son. Your insurance company has a duty to defend you. If the insurance company fails to defend you, you could hire a lawyer and that lawyer could later get recoup his attorney's fees against your insurance company based on your insurance company's failure to defend you. Also, should your insurance company fail to protect you from a verdict in excess of your policy limits in a timely fashion, your insurance company could be liable for bad faith by failing to protect you from the excess verdict.

    However, the more likely scenario, is that the minor riding the bicycle darted out into traffic and ran into your son's vehicle. If that is the case, your son's case is highly defensible. The lawyer that is assigned to represent you and your son in the defense of this case should be able to explain all this to you in further detail based on the specific details governing your accident.

    If you have any questions, please feel free to contact me.

Related Topics

Bike accidents and personal injury

Bike accidents that cause personal injury may entitle the rider to compensation. Bad parts, careless drivers, and poor roads can all pose dangers to bicyclists.

Fault laws and personal injury cases

Fault, in personal injury cases, determines liability for an accident. Someone who is found at fault may be required to compensate the victim through damages.

Avvo advisor logo@2x

Need an answer to your questions within 15 minutes?

  • 15-minute phone call
  • Ask any questions
  • $39 flat fee
  • Money-back guarantee
Talk to an attorney now

Can't find what you're looking for?

Ask span5@2x

Ask a question on our public forum.

Ask a lawyer
Or@2x
Advisor span6@2x

Have an attorney contact you privately.

Right now.

Icon lock@2x
Secure conversation. Your details remain between you and your attorney.
Icon clock@2x
Get an answer guaranteed. Be assured that a lawyer will contact you to help with your legal issue.
Start your session now