Legal Question in Personal Injury in California
fender bender statute of limitations
My 17 year old son was involved in a minor fender bender with another minor. They exchanged phone #'s and he felt it was a mutual accident. He was backing out of parking space she was pulling in before he finished backing out. She was driving her grandfathers car. Her father called 3 weeks later to ask for payment to fix the car, asking him to meet w/o his parents. He wanted him to go to body shop with him. What can we do. It was never determined who was actually at fault and has now been almost 2 months. Seems like he is just trying to get money, but not sure what our rights are. Any help would be much appreciated!
3 Answers from Attorneys
Re: fender bender statute of limitations
Normally these kind of disputes are handled by the respective auto insurance companies (you don't let your son drive without insurance, do you??!?) but they can also be dealt with in small claims court, the statute of limitations is normally 2 years.
Re: fender bender statute of limitations
I second my colleague's assessment of the insurance situation. Please make sure that the minor is included as a driver on the policy. Many policies exclude drivers who are family members living in the same household.
If they sue him or you in small claims court and your car was damaged, you or he can file a counterclaim for the damage to your car. The judge will sort it out if it comes down to that.
Re: fender bender statute of limitations
Generally, the person backing out would have the obligation to yield to other cars crossing behind him or pulling into a spot. But, there could also be some negligence on the girl. It's hard to say based on your description. You could let your ins. co. handle this or you could meet with the girl's parents--not your son. Maybe you could exchange repair estimates and work out a compromise. Your son would probably have a bit more liability than the girl.
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