My daughter was served at a bar she is underage She wrecked my car and had injuries can I sue for medical bills
Afton, NY |
My daughter went to a bar..Got drunk..DRove my car away and ended up wrecking the car and had a few injuries? The bar never ID her and has served her many times before. Can I sue the bar that was serving her?
Your primary source of insurance to cover your daughter's medical bills in the no-fault insurance under your automobile policy. You need to file within 30 days of the accident. However, if the carrier finds out she was drunk, they may be able to disclaim coverage. Most suit against bars for injuries are DRAM Shop actions for serving an intoxicated person who goes out an injures someone else. However, a victim cannot bring a DRAM Shop action to recover for her own injuries. I don't know if there is a seperate cause of action for serving an underage person.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 385-8015 or via email at Eric@RothsteinLawNY.com. The above answer is for informational purposes only and not meant as legal advice.
If you daughter was underage when she was served at the bar, you may have a legitimate law suit against the bar for serving her. Of course, she has some portion of the blame for asking to be served as well. I suggest you speak to a personal injury attorney about this matter and if they will take your case, then you know you have a case. My own gut reaction is you will not have a case against the bar.
You may call our office at 516-248-6600 or send an email to us at Ted@Thelawteam.com.
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The law in NY is pretty hard on establishments and private adults who serve alcohol to minors, but I'm not sure that under the circumstances you've described, you would have an economically viable lawsuit. You should contact a local attorney to explore this issue further. You can start y searching the attorney profiles here on Avvo for an attorney in your area. Contact two or three to compare costs and philosophical fit, then choose one and trust their judgment and advice. Good luck!
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