In December of 2014, my mother and I were traveling on I-95 near Florence, SC. We were traveling in my mother's car, and she was driving, I was the front seat passenger. My mother is a Florida resident, with Florida license, plates, registration and insurance. My mother fell asleep, drove down an embankment and hit a tree. As a result of the accident, I lost one year of employment, and I have over $30,000 in medical bills. I have already been told by one attorney that there is a Florida law which states a child cannot sue their parents in the state of Florida. After reading many other comments on this site, I am not sure that is completely accurate.
As the incident occurred in S. Carolina, the applicable law is that of S. Carolina, not Florida. In Florida, you may seek damages against you mother for the injuries you sustained. You may sue your mother in Florida as she resides here. However, S. Carolina law will apply. A S. Carolina lawyer will need to address whether you may sue your mother under its laws.
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I agree with the prior answer. This is a South Carolina case. And yes, you can definitely sue parents in Florida. Call a South Carolina attorney. Good luck to you!
Any information offered is solely for general informational purposes, and does not create any attorney-client relationship. Neither should any of the information given be construed as legal advice. Every case is unique and possibly subject to limitations, and so I highly encourage you to speak with an attorney about the facts specific to your situation.
While South Carolina law will apply as to whether or not you can sue for the accident, your mother's car insurance policy language will dictate whether there is any coverage. If your mother carried bodily injury liability coverage, you will need to obtain the policy to verify whether a relative (resident or not - as you did not state whether you lived with your mother at the time of the accident) can obtain coverage for an accident caused by the negligent relative policy holder. Good luck
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The insurance contract is important as the language will dictate whether there is coverage. In addition, since the accident occurred in South Carolina, you will need to know if South Carolina law governs. Generally speaking the law of the state where the contract was entered into dictates coverage. I had a similar situation. My clients were from Idaho and were injured in Florida. The made an uninsured motorist claim against their insurer, but the contract was entered into in Idaho and therefore Idaho law applied. I was able to work things out with the adjuster and get the policy limits, but it was not easy. You may end up having to retain South Carolina counsel.
Chadwick J. Lawrence, Esq. Serving all of Florida AV rated by Martindale-Hubbell,10 Superb AVVO
If this was simply a Florida case, there would be little question that you could sue your mother successfully. However, this is a matter which will be governed by South Carolina law, as it is the place where the incident occurred. Conflict of laws rules would make a case filed in Florida still operate under the liability law of South Carolina. I suggest you make an appointment with a South Carolina attorney as soon as possible to discuss your options. If South Carolina law does not favor your cause of action, your attorney may need to be very inventive to apply Florida law to this circumstance, however, it may be possible under the right facts and legal argument.
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.
I am not aware of any Florida law that prevents a child from suing a parent for personal injuries caused in an automobile accident. I am not sure Florida law would apply to that issue as the "tort" took place in South Carolina. There may be exclusions in your mother's insurance policy which would exclude insurance coverage if you lived with your mother at the time of the accident. You should contact a personal injury lawyer to determine if you have a case against your mother or anyone else and to evaluate all insurance coverage issues for you.
I would contact a South Carolina personal injury attorney. Since the accident took place in South Carolina, that is the applicable law. In Florida, you may seek damages against you mother's insurance policy provided that she has bodily injury coverage. You may sue your mother in Florida as she resides here.
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