Civil Liability involving a Minor

[lukebristol]

When my daughter was 17 years old, she was in a car with a group of friends throwing eggs for laughs. Consequentially, an innocent bystander was hit in the eye and sustained permanent injury, losing 80% of his vision. Since then, a civil suit has been brought against both my daughter and myself (being her guardian).

We were due to make a deposition in about a week, and my daughter has disappeared. She is now 20 years old and I fear she is running from the lawsuit. Our early estimates revealed we are looking at easily $300,000 in reparations, and our insurance might not cover it. I am worried about her.

My question is, since I am technically being sued as a guardian, can I still be forced to pay reparations in the absence of my daughter?

[ecmst12]

What did your insurance company tell you?

[lukebristol]

I have not yet informed them that she is gone.

[ecmst12]

The lawyer appointed to defend you by your insurance company is best equipped to answer this question.

[lukebristol]

Thanks for your reply.

I understand what you are saying, but I am curious to know what would happen in any situation. Insurance aside. If a minor runs from a civil suit in any situation, is the parent held liable? I would think the minor would first have to be proven guilty, and without the minor present, the trial could not even take place. Is there anyone on the forum who has experience with this?

[Texas Pooh]

OP,

what state are you in?

You need to discuss the situation with your lawyer on Monday. Failure to show up at a deposition is going to cause a problem.

The trial will go forward with or without your daughter. The other side must prove their claims against your daughter and against you (what are you being sued for? usually, negligence or vicarious liability claims are brought against the parent in these situations). Without your daughter there, it will be more difficult for you to present a defense, but it will not prevent a trial.

If a judgment is entered, it will be against you (as a result of the claims against you) and your daughter (as a result of the claims against your daughter). Your insurance may or may not cover either damages.

It is important that you sit down with your lawyer and understand exactly what claims have been brought against you and what claims have been brought against your daughter. You should also understand which of those claims will be covered by insurance, and if there are any claims that are not covered by insurance. If there are claims that are not covered by insurance, you may need to consult with independent counsel to ensure that you are adequately protected.