I am a bit confused by the question...are you saying your son's friend hit the accelerator causing your son to hit the window? If so your son's friend is responsible, and ultimately, the mother is responsible for her child's actions. Is there more to this story?
Kristen DeWitt-Lopez of DeWitt-Lopez Law, P.C. may be reached at 602.263.3900 during regular business hours, or anytime by email at email@example.com. More information about Ms. DeWitt-Lopez can be found on her website at www.dllawaz.com. All of Ms. DeWitt-Lopez’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Kristen DeWitt-Lopez is licensed to practice in the State of Arizona. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.
If your son sustained a head injury / concussion from hitting the window, retain a local personal injury lawyer for representation in a case against the mom, which her insurance will likely cover.
Based on the information you have given us here, it doesn't look like your son is responsible for the damage to the window. But I am curious as to which part of your son hit which window?
If your son incurred personal injury from going into the window as a result of his friend's lack of judgment by accelerating too quickly, the auto insurance company covering the car should pay for damages. Some personal injury attorneys, like my office, provide free initial consultations to review the facts of the case and assess whether or not your son has a case against his friend's mother's insurance agency. (801) 495-4104.
The items I discussed above are for information and not to be relied upon. You should talk with an attorney.
It sounds like the owner's son is responsible for causing the damage to the window. He is also responsible for any damages done to your son. (However, your son should be taught to wear a seatbelt.) If your son has been injured, you should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.
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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.
This ans. does not create an attorney/client relationship.
Under Utah law, the person who caused your son to hit the window is responsible to pay for the damage. Unless your son was being careless, the driver and his mother need to pay the damage.
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