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

Asked about 2 years ago - 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.......

Attorney answers (10)

  1. Jeffrey Scott Altman

    Contributor Level 9

    10

    Lawyers agree

    Answered . 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... more
  2. Michael Dustin Sechrest

    Pro

    Contributor Level 10

    9

    Lawyers agree

    Answered . To view this email as a web page, go
    here.


    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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  3. Chris Matthew Limberopoulos

    Contributor Level 16

    8

    Lawyers agree

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

  4. Fadi Chakour

    Contributor Level 12

    6

    Lawyers agree

    Answered . 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.
  5. Lars A. Lundeen

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . 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.
  6. Sean Michael Patrick

    Contributor Level 17

    7

    Lawyers agree

    Answered . 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... more
  7. Clifford M. Miller

    Pro

    Contributor Level 19

    5

    Lawyers agree

    Answered . 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... more
  8. Christian K. Lassen II

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . 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
  9. Manuel Alzamora Juarez

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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.... more
  10. Jason M. Melton

    Pro

    Contributor Level 13

    2

    Lawyers agree

    Answered . 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.

Related Topics

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.

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