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Can I take parents to court if they guy that hit me was a minor?

Lady Lake, FL |

I was involved in an accident, the other party was at fault but he was also a minor. I hired a lawyer that told me there was no insurance for the driver at all and no bodily injury insurance for the parents. Is there anyway that I can take his parents to civil court? I feel that someone on that end has to be responsible.......

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Attorney answers 10

Posted

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If you have uninsured motorist coverage you should make a claim with your
own insurance company. If not, you should ask your attorney whether there
is any potential claim for dangerous instrumentality or negligent
supervision. If so, you would possible have a claim, but collection could
be an issue. You could run an asset search to minimize the collection
issue.

Michael D. Sechrest, Esq.

Board Certified by the Florida Bar

Fisher, Butts, Sechrest & Warner, P.A

5200 SW 91st Terrace, Suite 101

Gainesville, Florida 32608

(352)373-5922

(352)373-5921 fax

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Lars A. Lundeen

Lars A. Lundeen

Posted

Assuming the parents own the car the minor was driving, the parents have liability under Florida's dangerous instrumentality rule as the owner of the vehicle. The parents could be sued under that theory, but UM coverage would seem preferable.

Posted

To properly answer the question we need more information. Generally, you may be able to sue the parents but that certainly does not mean that you will end up with money at the end of the case. There may be insurance coverages that would provide benefits to you that you are not aware of. It sounds like you were and may still be a minor. I suggest you gather all of your paperwork and you and your parents (or guardian) meet with a qualified lawyer in your community.

Good luck.

DISCLAIMER - Any information provided is not legal advice. There is no attorney client relationship created in this group discussion. Do not rely on informal comminucation in this forum as legal advice. If you wish to obtain legal advice you should hire an attorney in your State.

Asker

Posted

Mr. Altman, thank you for your response. Im not the minor, the at fault party was.

Jeffrey Scott Altman

Jeffrey Scott Altman

Posted

I apologize - I wrote that because you stated the other party was "also a minor". I understand now that you meant he was at fault and a minor. There are quite often insurance policy that provide benefits that you would not think do. I would consult an attorney - almost all personal injury lawyers have free consultations.

Posted

Yes.
Do you have UM?
Have you consulted a lawyer?
There is more than one way to skin this.
Get counsel.

Asker

Posted

Mr. Limberopoulos, thank you for your response. I did not have UM at the time. I had a lawyer but he dropped my case because he said that there was no insurance in the house from the guy or his parents at the time.

Chris Matthew Limberopoulos

Chris Matthew Limberopoulos

Posted

There still may be a way. Consult with some more lawyers.

Posted

I would consult with an attorney to explore the other options listed above. Probably the best way to address this is to file a claim with your insurance and let them fight with the kid and his family. Best of luck.

I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

Posted

The first step is to check for insurance coverage, BI, UM or UIM. If none, then the second step is to check and see if the responsible parties have any assets that you can go after. If none, then it will be very hard for an attorney to recover anything. Good luck

Attorney Fadi Chakour, M.D., J.D. My consultation is free. Call me on my cell phone (904)612-0586.

Posted

Do you have Uninsured Motorist Coverage UM on your own policy? A personal injury lawyer can go after that money.

Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

Posted

Since you have hired a lawyer, you should pose all of your questions to him or her. I am sure that your attorney has told you that this is the time to turn to your own uninsured motorist coverage, since there does not appear to be coverage on the adverse party. Speak with your attorney.

Legal Disclaimer:

If this information has been helpful, please indicate below.

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 ensure proper advice is received.

This ans. does not create an attorney/client relationship.

Posted

Yes you can, but better get local counsel to help you with a claim against your own insurance, just n case you have underinsured/uninsured coverage. Best of luck.

This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492. El Abogado de Accidentes de Autos provides answers of a general context. These answers are not intended to form an attorney client relationship. El abogado de Accidentes de Autos y Lesiones Personales is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos y Lesiones Personales de Acidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Divorcios, Abogado Latino de Accidentes, y Abogado de Acidentes de Oakland, Hayward, San Francisco, y California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.

Posted

In Florida, for minor to get a drivers license one of the minor's parents has to agree to be responsible for any damages done by the minor. So one or both of the parents will be liable. However, that does not mean that that parent has insurance or assets to pay a judgment.

If you have underinsured motorist coverage, either that you purchased a that is implied by law, you need to make that claim immediately.

If not, you are your lawyer needs to investigate the parents' assets as well as whether the minor was on an errand for somebody else (like delivering pizzas for Domino's).

This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client relationship is intended to be formed. You may call me 772-562-4570; email me vblawyer@bellsouth.net, or visit my website http://www.millerlawoffices.us

Posted

In short, yes.

However, more importantly you need to exhaust all options for applicable insurance coverage.

Speak to your lawyer or a new lawyer immediately.

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