Do I have a suit against parents for negligence?

Asked over 1 year ago - Eugene, OR

My son was a passenger in a vehicle in which an exclusion of coverage left the vehicle uninsured. He was thrown and we are settling with our insurance company for his medical damage. My son was a minor at the time but now is 18. I recently found out that my insurance rates are on the rise due to the accident now being on my once clean driving record. Also my out of pocket deductible and co-pays are about 5,000.00 the parents allowed my son to ride in the vehicle with out my knowledge or permission with their son, who was not a licensed driver. They also were aware hey had an exclusion of coverage Do I have any lawsuit against the parents for their being negligent, my son had stayed the night at their home the evening prior to the accident.

Additional information

Yes we have uninsured motorist coverage, this will cover my son's medical, but not my increase insurance rates, loss of work/income loss while caring for my son.

Attorney answers (5)

  1. Paul C Galm

    Contributor Level 6

    5

    Lawyers agree

    Answered . I agree with the last post. There may be a claim for negligent entrustment of the car to the son, just as an example. Contact a lawyer in your area and usually you will get a free consultation - at least that way you know you are leaving no stone unturned.

  2. Kevin Coluccio

    Contributor Level 20

    4

    Lawyers agree

    1

    Answered . Yes - you may have a potential lawsuit against the parents. You need to consult with a qualified attorney in the Eugene area. Go to the "find a lawyer" tab to look for a Eugene attorney. Did you have uninsured motorist coverage. I know that Ray Bradley practices in Eugene and is an experienced personal injury attorney. His number is 541-683-4878. An attorney simply needs to review all the meaning and relevant facts.

  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . Parents are probably liable. Also, don't settle with your own insurance company without a lawyer reviewing the situation, as insurance companies are pretty sneaky. Find a personal lawyer with a low contingency fee, less than 30% with no costs deducted, so you get the lion’s share of the settlement, not your lawyer.

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

    Pro

    Contributor Level 13

    4

    Lawyers agree

    Answered . Yes depending on age of the minor driver. Most licenses require the parents sign the license until age of majority thereby putting parents on the hook. You need to consult an attorney in your area.

  5. Robert Bruce Kopelson

    Contributor Level 20

    2

    Lawyers agree

    Answered . Meet with a local injury lawyer to be sure you are getting a fair settlement with your ins co on what I assume is an uninsured motorist claim. I dont know the law in Or, but in ca, the ins co cant increase your premium for a claim that wasnt your fault. Check with your state dept of ins.
    You may have a claim against the other boy and his parents. In Ca, once you elect to take uninsured motorist coverage benefits, the ins co is subrogated to your rights and can go after anyone they think liable for reimbursement. Check with counsel in your state and see if you can pursue the parents even if you take UM benefits.

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