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  #1  
Old 07-18-2008, 11:28 AM
ccb ccb is offline
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california parent responsibility for car crash?


The accident was in California two years ago. My 21 yr daughter was injured when a car driven by a 16 yr old (with a broken collar bone he got the day before in a fight with a older man and may have been on medicine for pain) crashed into her drivers door. He should not have been driving with a broken collar bone!
My daughters injuries are really painful and she has had surgery and will require more and more PT to get her back on her feet and off of disability and back to work in the future.
The insurance is only $50,000 for liability and her medical bills are over $100,000 so far and she is not back to normal yet, she will also require additional surgery for her injuries.

The boys parents put their home on the market the day after they were served that we are suing them and sold there home soon after.

Can they be held responsible and be liable for my daughter medical bills? Help...What is the name of your state (only U.S. law)?
  #2  
Old 07-18-2008, 11:32 AM
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At what stage is your lawsuit?
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  #3  
Old 07-18-2008, 11:45 AM
ccb ccb is offline
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Just received the insurance company statement that they have $50,ooo insurance.

My daughter has only answered questions on paper from the other side and in Sept she goes to the office of the drivers attorney to answer questions.
  #4  
Old 07-18-2008, 11:47 AM
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What did your lawyer tell you when you asked him that question?

Do the parents own the car or is in only in the child's name?
  #5  
Old 07-18-2008, 12:00 PM
ccb ccb is offline
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The car is owned by the mother.
Our attorney finally called back and we told him about the broken collar bone, we had told his staff before but nothing happened. Attorney is now sending out paper work to find out what this is all about the broken collar bone.etc. I told the attorney that the 16 year old told my daughter he broke his collar bone in a fight. I also let the attorney know that the parents have listed and now sold their home.
The attorney said that he's not sure if the parents are responsible.
We have paid so much for our daughters care and upkeep, and carry enough insurance on our cars that if we hit someone they would have up to $250,000 coverage, it's not fair.
  #6  
Old 07-18-2008, 12:14 PM
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In CA and other states if the parent is also the car owner of the vehicle the child was using at the time of the accident then the parent would have vicarious liability again as the car owner. If you have a child that has a driver's license you should make sure you have insurance coverages with limits high enough to cover your personal assets. An umbrella policy may help you be able to do so better than just a car insurance policy on its own.

(from http://www.carinsurance.com/kb/content35397.aspx)
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  #7  
Old 07-18-2008, 12:25 PM
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IMO, $250K isn't enough to cover drivers under 25 years of age. The umbrella is a great option and doesn't cost THAT much more.

Everyone w/ teen drivers should protect that assets that way until they can be responsible for their own actions.
  #8  
Old 07-18-2008, 12:58 PM
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If you have $250k liability coverage on your own policy, you may (SHOULD!) also have uninsured/underinsured motorist coverage which can cover after the other driver's policy is exhausted. Then you can let your insurance company worry about going after the kid/parents and their personal assets.
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