Legal Question in Personal Injury in California
property damage
As disheartening as this may sound,
if a child runs into the street and is hit by accident by a car driving within the speed limit,can the auto owner sue the family of the child injured, fatally or not, for damage to the vehicle; and the child's parents are found negligent, would the vehicle owner prevail in a court of law?
thank you,
tom
7 Answers from Attorneys
Re: property damage
Yes, its possible.
Re: property damage
Yes,
Re: property damage
Yes, if the evidence shows that the child and/or parents were at fault.
Of course, I'm not condoning such a lawsuit, though under some circumstances it might be necessary.
Re: property damage
It's called a "dart-out case." When the kid's parents sue the driver (really the driver's insurance company), they usually lose. If you have comprehensive insurance, your ins. co. will handle this type of unpleasantness. If not, you can sue the parents / their homeowners insurance but you risk, fairly or not, looking like a heartless SOB.
Re: property damage
It's called a "dart-out case." When the kid's parents sue the driver (really the driver's insurance company), they usually lose. If you have comprehensive insurance, your ins. co. will handle this type of unpleasantness. If not, you can sue the parents / their homeowners insurance but you risk, fairly or not, looking like a heartless SOB.
Re: property damage
It's called a "dart-out case." When the kid's parents sue the driver (really the driver's insurance company), they usually lose. If you have comprehensive insurance, your ins. co. will handle this type of unpleasantness. If not, you can sue the parents / their homeowners insurance but you risk, fairly or not, looking like a heartless SOB.
Re: property damage
It's called a "dart-out case." When the kid's parents sue the driver (really the driver's insurance company), they usually lose. If you have comprehensive insurance, your ins. co. will handle this type of unpleasantness. If not, you can sue the parents / their homeowners insurance but you risk, fairly or not, looking like a heartless SOB.
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