Parental Liability for juvenile

[sellBy]

What is the name of your state (only U.S. law)? NJ
My son was convicted at 11 yrs old of vandalizing/burglarizing a building with another juvenile who was 12 , this was back in March . We went to court, he was issued restitution as well as is on probation for 18 mos, 12 mos if no issues. He had no priors at all but the building that was damaged had a total of $60,000 in damages that State Farm has since paid out. So now State Farm is suing me (and the other family too) for the damages. I do not own anything, I rent my home so there is no homeowner's insurance however the other juvenile's family DO own their home. I would assume that they would sue THEIR homeowner's insurance before anyone else? I am wondering, what is the worst case scenario that would happen to ME because of my son's actions? Can my wages be garnished? I believe the law firm representing State Farm told me they would possibly issue a judgment against all parents but it just boggles my mind how they can issue a judgement against ME, why not against my son (as much as i would hate that) for when he were to turn 18? What if i were to purchase a home in the future, i would assume a lien would go against it if they were to issue a judgment ?

I just want to know what to expect.

Thanks for any help.

Stressed in NJ

 

[Isis1]

If you are sued, speak to an attorney. Don't take legal advice from the person intending on suing you.

 

[Zigner]

You did not properly supervise your 11 year old.

As for suing the insurance - did the insurance trash the building?

Remember the saying: Sue them all and let the court sort it out...

 

[sellBy]

Well i did have an attorney at the time this all happened, and i guess i need to get back in touch with them, but yes i agree its not of the best advisement to discuss the matter with the law firm who is in fact suing me.

 

[Zigner]

Well i did have an attorney at the time this all happened, and i guess i need to get back in touch with them, but yes i agree its not of the best advisement to discuss the matter with the law firm who is in fact suing me.

Except for referrals, the criminal defense attorney likely won't handle your civil matters...

 

[sellBy]

To Zigner, "I did not properly supervise my son?" Really? He was literally outside on a saturday afternoon right around the corner from our home , do you normally walk hand in hand with your child when they go outside , let's be realistic here. It was literally across the street from the development we live in. Furthermore, he's never been in trouble EVER before and unfortunately made a very very bad decision that day, that we've all been paying for ever since.

 

[Zigner]

To Zigner, "I did not properly supervise my son?" Really?

A properly supervised ELEVEN year old would not do $60,000 in damage to a building.

I'm just telling you about a legal theory that makes you responsible. To disprove, you will need an attorney.

 

[mistoffolees]

What is the name of your state (only U.S. law)? NJ
My son was convicted at 11 yrs old of vandalizing/burglarizing a building with another juvenile who was 12 , this was back in March . We went to court, he was issued restitution as well as is on probation for 18 mos, 12 mos if no issues. He had no priors at all but the building that was damaged had a total of $60,000 in damages that State Farm has since paid out. So now State Farm is suing me (and the other family too) for the damages. I do not own anything, I rent my home so there is no homeowner's insurance however the other juvenile's family DO own their home. I would assume that they would sue THEIR homeowner's insurance before anyone else? I am wondering, what is the worst case scenario that would happen to ME because of my son's actions? Can my wages be garnished? I believe the law firm representing State Farm told me they would possibly issue a judgment against all parents but it just boggles my mind how they can issue a judgement against ME, why not against my son (as much as i would hate that) for when he were to turn 18? What if i were to purchase a home in the future, i would assume a lien would go against it if they were to issue a judgment ?

You could be liable for ALL of the $60 K if they are unable to collect it from the other family (you MIGHT be able to sue them for half if that happened, but you could still be liable for all of it.

One thing in your post bothers me. What makes people think that just because they're renting they don't need insurance? Do visitors never get hurt in apartments? Apartments never burn up, destroying your property?

Renter's insurance is not that expensive, but people should have it. I've had insurance since the day I moved out of my parent's home.

Oh, and the reason you're being sued is that you're the parents of minor children. If the $60 K in damage were done to YOUR house, wouldn't you expect to be able to recover it?

 

[sellBy]

You could be liable for ALL of the $60 K if they are unable to collect it from the other family (you MIGHT be able to sue them for half if that happened, but you could still be liable for all of it.

One thing in your post bothers me. What makes people think that just because they're renting they don't need insurance? Do visitors never get hurt in apartments? Apartments never burn up, destroying your property?

Renter's insurance is not that expensive, but people should have it. I've had insurance since the day I moved out of my parent's home.

Oh, and the reason you're being sued is that you're the parents of minor children. If the $60 K in damage were done to YOUR house, wouldn't you expect to be able to recover it?

Actually, i do have renters insurance (for up to $25,000), do you think that would apply here in this situation? My son was visiting my parents at the time, which is the neighborhood that he and I grew up in, i just feel like I am totally innocent in all of this. I wasn't there at the time, but even with that being said, my parents are very responsible people, but no, they don't hold his hand whenever he would go outside, its a very small neighborhood and yes, one day this unfortunate event occured.

Do you think the renter's insurance would apply here?

 

[mistoffolees]

Actually, i do have renters insurance (for up to $25,000), do you think that would apply here in this situation? My son was visiting my parents at the time, which is the neighborhood that he and I grew up in, i just feel like I am totally innocent in all of this. I wasn't there at the time, but even with that being said, my parents are very responsible people, but no, they don't hold his hand whenever he would go outside, its a very small neighborhood and yes, one day this unfortunate event occured.

Do you think the renter's insurance would apply here?

Since I don't have any idea what your policy covers, how would I know?

Read your policy documents or call your agent to see if you have liability coverage or other coverage that might apply.

Note, however, that the insurance might simply exclude coverage because it was an illegal activity.

 

[sellBy]

Since I don't have any idea what your policy covers, how would I know?

Read your policy documents or call your agent to see if you have liability coverage or other coverage that might apply.

Note, however, that the insurance might simply exclude coverage because it was an illegal activity.

I was just asking for your opinion, which is what i thought these forums were here for.

 

[Zigner]

I was just asking for your opinion, which is what i thought these forums were here for.

You got better than an opinion - you got an accurate answer!