The car was not my sons, the owners of the car (their insurance) is seeking us out, can we pursue the individual that threw the party?
You don't give enough facts to properly answer the question, but I will try.
Assuming your son was injured, you can make a claim against the person who threw the party and against the parents / owners of the house.
That said, there are numerous hurdles to get over. First, you don't say who was driving. If your son was the driver and he caused the accident, you will probably not succeed, as his negligence in driving, and also drinking and driving, will be considered negligence that may bar his claim. Assuming Georgia is a comparative negligence state, your son's conduct will be compared to the homeowners / party thrower. To succeed against them you would have to prove that they knowingly served a minor and / or knew he was drunk and kept serving him anyway and/or allowed him to drive while being under the influence of alcohol, and that any negligence on your son's part was less than theirs, comparatively speaking.
If your son was not driving, you should simply make a claim against the driver. Again, however, if drinking was involved by your son and the driver, your son may be somewhat negligent for getting into the car with someone who was drinking, and this too is comparative negligence.
If what you are saying is that your son was the driver and he caused the accident, then the insurance company for the owner of the car needs to talk to your son so they can sort out any claims that are being made as a result of your son's wreck. If your son had permission to drive the car then he should be covered by the owner's car insurance for any damage he did. If your son did not have permission to drive the car, then he will likely be pursued for any damage he caused, because the owner's car insurance company will deny coverage.
The bottom line is you and your son need to talk to a personal injury lawyer in your area who is well versed on insurance coverage issues.
I am going to assume your son was driving. If your son was 15, say, the answer would be easier. At 17, can you, on behalf of your son, say that the adults are responsible for not managing the party properly? Legally, yes; but, I am not sure how likely this would be. Still, I STRONGLY recommend you actually meet and talk to an attorney, as I'd have lots and lots of questions, if you were in the room talking to me -- none of these questions are answered by your brief post.
You don't state whether your son was injured. Any injured party may have an
action under your state's dram shop laws. If your son was not injured, he
has no action. Moreover, you say that your son "drank" but you do not state
whether his intoxication caused the accident. What was his BAC? This must
immediately be reported to your insurance company. They will walk you
Sounds like your son crashed the borrowed car and the collision coverage paid the owners of the vehicle. If that is the case, then no you cannot go after the party house owners...but. If you have car insurance, your son should be covered under that policy so that should pay fr the damage. If he is not covered, because of a named driver exclusion for example, then best bet is to offer to cooperate with the car insurer for them to file their subrogation claim against the party homeowner under a Dramshop theory.
The answer to your question is maybe. In Georgia, parents, natural or custodial, of children under the age of 18 who are funished alcohol can sue any person that sells or funishes alcohol to the minor without the parents consent. O.C.G.A. s 39-1-1.
However, there are some restrictions:
1. Only parents may sue.
2. You probably cannot recover for any liability you incur to the insurance company. You can only sue for your own damages such as the cost of medical expenses for your child.
3. If another minor furnished the alcohol, even if the homeowner bought it, then you may not be able to sue the homeowner or the minor at all.
There are quit a few very difficult issues to sort through here, particularly if the accident was a major accident.
I would highly recommend that you contact an attorney for help on this issue. Any personal injury attorney in Georgia will likely be able to help you.
An attorney will probably also ask you to report this to your automobile insurance company or homeowners/renters insurance. In some cases, your liability may be covered, particularly if you have umbrella coverage. Additonally, if your liability is covered by insurance, then the insurance company would hire a lawyer for you.
Failure to inform your insurance company could result in the insurance company's duty to defend and pay being extinguished by contract.
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