Your question is not very clear. First of all, was your son in a vehicle, or was he a pedestrian? if your son was driving a vehicle, then yes, he might have some liability. It doesn't matter who got the tickets, they are irrelevant in a civil proceeding. In Florida, there is the issue of comparative negligence. So, there is a distinct possiblity that the person driving the vehicle is held responsible because they have a duty to all pedestrians and bicyclists of reasonable care. If in fact, it can be proven that the other minor is at fault, you can go after the parents, The issue, though, is whether or not they have assets.
Negligence of a bicyclist is usually covered under a renters or homeowners insurance policy. If the minor bicyclist's parents have such coverage, you should file a claim against their insurance company.
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 insure proper advice is received.
It is important that you notify your insurance carrier of the accident. By notifying your insurance company, you are complying with the terms of your insurance policy and they will have a duty to appoint a lawyer (at their expense) to defend your son in the event that a lawsuit is filed against your son. Your insurance company has a duty to defend you. If the insurance company fails to defend you, you could hire a lawyer and that lawyer could later get recoup his attorney's fees against your insurance company based on your insurance company's failure to defend you. Also, should your insurance company fail to protect you from a verdict in excess of your policy limits in a timely fashion, your insurance company could be liable for bad faith by failing to protect you from the excess verdict.
However, the more likely scenario, is that the minor riding the bicycle darted out into traffic and ran into your son's vehicle. If that is the case, your son's case is highly defensible. The lawyer that is assigned to represent you and your son in the defense of this case should be able to explain all this to you in further detail based on the specific details governing your accident.
If you have any questions, please feel free to contact me.
Negligence and personal injury Comparative negligence and personal injury Premises liability for personal injuries Personal injury Bike accidents and personal injury Fault laws and personal injury cases Types of personal injuries Residential property Property liability Homeowner's insurance for property liability
Sign up to receive a 3-part series of useful information and advice about personal injury law.