Suing Minor in Small Claims

[notfair]

I live in MO. I received a response on this forum that if the minor was covered by auto insurance, then the insurance company would be the respondent. The small claims office at the courthouse said that I could file against the other driver or the insurance company or both. They seemed to think that filing soley against the other driver would be more effective, because they would like put pressure on the insurance company to settle so they didn't have to go to court. Since the other driver was a minor -- am I required to file against the insurance company soley or can I file against the responsible parent? Also, I needed my question answered, do you still file against the responsible parent if the minor is 18 or older now, but not at the time of the accident. Thanks.

 

[racer72]

Just to be safe, I would include all parties (kid, dad, and insurance company) and let the judge decide who pays and who doesn't. If the claim is small to the insurance company (under $25,000), the insurance company may just go ahead and pay. You mentioned small claims court so the most you could sue for whould have to be well under the $25,000. In my state the limit is $2500 so it would probably cost the insurance company more to fight so they would just pay.