Legal Question in Personal Injury in California

My 15 year old son was involved in an accident with a car when riding his bike. I understand he was in the wrong lane and was 'at fault.' Although I have not yet seen the police report. He was slightly injured (ambulance to ER, 10 stitches in his chin) and his bike damaged (bike front wheel irreparable). The driver of the car was not injured but has approached me about paying for the damage to her front bumper caused by the accident. Am I obligated to pay? Can't she be reimbursed by her insuance company as if the accident was with an uninsured motorist? Will my homeowners ins cover this as a liability? My car insurance does not cover this.

Asked on 7/22/09, 7:00 pm

1 Answer from Attorneys

Omar Habbas Law Offices of Habbas, Amendola & Nasseri

You are responsible for the negligent act of your minor child (up to a specified amount - the amount of property damage sustained will more than likely fall in the range you are responsible to pay). Your homeowners policy may cover the incident (check with your agent to determine whether there is coverage or an exclusion), although you may not want to submit it to your insurance company depending upon the amount of your deductible, as well as the risk of having your rates go up. I would work with the adverse party to try to have the bumper fixed at a shop of your choice (or have him provide you with three estimates).

Good luck.

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Answered on 7/22/09, 7:20 pm

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