parent claim not responsible for minors accident

[needadvicequick]

What is the name of your state? Washington state

Several years ago my daughter was hurt as the passenger in a car driven by antother 16 year old. She has a tramatic brain injury etc.... now the parents have filed to say that they are nto responsible since the daughter paid for her own gas etc. The mother admits writting the check for the car itself but claims the daughter paid her back in cash with no recored. How can we dispute this. The parents are wealthy and are concerned about losing personal property over and above the coverage they had.
We previously offered to take policy limits but the insurance didnt accept so now the parents are back in the hook for alot of money if it goes to court. What can we do to stop them from removign themselves from the suit?

 

[racer72]

What can we do to stop them from removign themselves from the suit?

They can't. Proceed with your lawsuit. Let them explain to the judge why they should not be liable for their childs actions.

 

[Thomas234]

Assuming you have an attorney, I would expect that he/she has more than adequately documented that a policy demand was made and rejected by the insurance company. If a jury returns a verdict in excess of the policy limits the insurance company may be responsible for paying above the limits. If they are not, then the insured is left holding the bag. In either case, assuming the injuries and liability are clear, this would seem to be a good example of the insurance company not acting in good faith. Thus putting their insured at risk.

This situation seems to sound like you and the parents of this girl have been trying to “work” this out between yourselves. Get an attorney immediately. TBI is a difficult injury to convey to others, you need an attorney who specializes in this area to ensure your daughter receives fair and proper compensation… whether it comes from the insurance company or out of the pocket of the defendants.

If you do have an attorney, he should be taking care of all this for you. If not, you need a new attorney.

 

[needadvicequick]

we do have an attorney but I believe he was a bit suprised by this latest tactic. They claim they should be removed since it was Really the daughter car. She was 16 and had had the car for 3 months. It was in the parents name. Apparently we have to get a visiting judge to hear the case since the Mom has worked in teh court house for 25 years. She works directly with the judges as a deputy secretary or some thing so I am guessing she will also know the visiting judge so I dont know how fair it will be. Our lawyer also this they should turn around and sur thier own company if the verdict is in excess.

 

[macktosh]

The parents are responible.Since their name was on the title.

Only The 16 year old could be liable if she was emancipated ( declared an adult) and not living at home, and her name on the title/insurance but that is not the case.

 

[justadad2]

another question similar topic

what if the car is titled to the parents, but the child paid for his/her own insurance. are the insured and car owner both liable? i'm just curious - thanks

 

[macktosh]

doesnt matter who pays the insurance...it could be her pimp, no one would care as long as it was paid on time and in full.

The only thing that matters is who actually owns the car..hence title

 

[BillyBG]

Damn irresponsible rich f**ks.