EXtraordinary circumstances

[gonsalis]

What is the name of your state? California
In 1998 my 17 year old daughter was in a car accident where she hit a pedestrian, she was at fault and the person she hit filed a claim and won something like $10k? My exhusband and I shared custody of my daughter for years, but I have always had physical custody as she primarily lived with me. Shortly after she turned 17 she and I weren't getting along and her father moved her out from my house while I was at work and allowed her to live with him - without my knowledge/consent. During the time while she lived with him he was arrested on a 2nd felony drug charge conviction and sentenced to do jail time leaving her with only his girlfriend and told her the night before leaving for jail not to share this info with anyone. She drove a used car he provided which was registered in both their names and insured in his name. However her insurance expired the day before the accident occurred so at the time she was not covered. He has now filed a small claims suit against me for $3K saying that I owe him for half of the judgment paid.

 

[ProResearch]

He can say all he wants, but he has to prove that you owe the money he is claiming, however. If he was paying child support when your daughter was living with you, were you paying child support when your daughter was living with him? This might be what he based his claim on. I don't know. Also, did he paid the full $10K since there was no insurance coverage for your daughter? Ummm, how is $3K *half* of $10K? You need to give more details for truly good advice.

Based on what you said, however, you will need to show up in small claims and answer what he has claimed.... He will have to prove that you owe that amount. You will need to figure out why you don't owe that amount.

Good 'luck' to you!

 

[zippa]

How do you KNOW she was at fault for hitting a pedestrian?

How do you know the pedestrian didnt look both ways and stupidly ran into the path of her car and your daughter is totally innocent?

 

[gonsalis]

Because in California pedestrians have the right of way

 

[wewe]

Not so fast, Pedestrians do notALWAYS have the right of way...

They must also follow the laws, and if they are walking against a no walking sign then if someone hits them they could be at fault, it all depends on the situation....

Imagine hitting somone wearing a Black coat Black pants on a dark street at Night, when YOU have a green light....i would say the pedestrian was crossing against the light and should be held responsible for their own injuries.

But if it was at Noon, chances are you would have had enough time to avoid hitting them.