My son who was 14 at the time of the accident (He is 17 now) took a moped without concent and hit a pedestrian crossing the street. My son states the pedestrian walked out in front of him and there was no cross walk, which I verified. There were no charges filed a no police report even filed. Well needless to say almost 3 years later me and my son are beig sued for 110k. I was already in the middle of a Chapter 7 which this lawsuit is listed on, but I am worried about my son still being liable if we lose the case. Can he still be sued even though it's included on my Chapter 7??
Personal Injury Lawyer
Your son would need to do the same or face liability.
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Wills and Living Wills Lawyer
Contact an attorney because I believe, at least the last time I looked, that a moped does not qualify as a motor vehicle in Maryland. This would complicate things as your motor vehicle insurance would not be available to cover the accident. The lack of charges and/or a police report is immaterial - doesn't matter. Given all that, you would have some exposure personally if you owned the moped to the extent you have assets that might cover the costs of the damages. But if this claim is listed on your Chapter 7, then that plays a role as to whether or not the claim can be included.
Personal Injury Lawyer
If you are being sued, the bankruptcy should have imposed an automatic stay on all suit proceedings against you (not your son). You should discuss the situation with your bankruptcy attorney.
Did you have homeowners or renters insurance at the time of this incident? If you did, I suggest you report this claim to them and demand that they defend your son and you.
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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.