Legal Question in Personal Injury in California

Passenger/Accident victim/Driver no insurance

My son was riding with an under aged driver, who was not insured in a rental car. The driver had an accident, which left my son serverely injured. The insurance would not accept liability for my son's injuries, because of the unlicensed underaged driver was not on the car rental agreement. My son's injuries are now in the hundreds of thousands of dollars. I am stuck with these bills. What can I do to get legal redress for my son's injuries. The family of the driver refuses to help me with the bills.


Asked on 8/08/03, 8:26 am

12 Answers from Attorneys

Donald Holben Donald R. Holben & Associates, APC

Re: Passenger/Accident victim/Driver no insurance

It appears you need to seek the assistance of counsel to encourage cooperation. 800-685-6950

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Answered on 8/26/03, 12:32 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Passenger/Accident victim/Driver no insurance

As my colleague Jeff Olster said, see an attorney regarding this. Somebody let the driver drive the car, and there's likely insurance somewhere to cover the injuries and pain and suffering that he caused your son.

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Answered on 8/26/03, 2:16 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Passenger/Accident victim/Driver no insurance

If the family of the driver contributed in any manner with the driver gaining access to the car, or, they had notice that the driver had access to a car, or, the accident was caused by more than negligence, then the family and their homeowner's insurance policy are liable. Call me directly at (619) 222-3504.

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Answered on 8/26/03, 2:31 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Passenger/Accident victim/Driver no insurance

The family of the underaged driver is legally responsible for the damages he caused. If you think they have assets, then you will evidently need to sue them.

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Answered on 8/25/03, 7:50 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Passenger/Accident victim/Driver no insurance

i certainly sympathize with what your son, yourself and your entire family must be going thru here. please, by all means, feel free to email me directly with your contact information, so we can set up a free legal consultation/evaluation of your case once we get more facts from you ok. also, let us know if there is any court action pending or has any claims been filed to date, along with when the accident occured. warmest regards.

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Answered on 8/25/03, 7:51 pm
Jeffrey D. Olster Russakow, Ryan & Johnson

Re: Passenger/Accident victim/Driver no insurance

You will need to hire an attorney to thoroughly analyze the applicable insurance policies.

Even if there is no insurance coverage, your son is still entitled to recover money for his damages. You will have to sue the driver, as well as any other party who may have contributed to the accident. For example, the car rental company appears to be a potential defendant. Why on earth would they rent a car to an underage driver? Sounds like negligence to me.

Feel free to call me for a free initial consultation.

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Answered on 8/25/03, 7:58 pm

Re: Passenger/Accident victim/Driver no insurance

It would appear that you DO have an opportunity to recover. First, the driver of the vehicle that was negligent in causing your son's injuries is personally liable for your son's damages.

Second, if the driver was not a listed driver on the rental vehicle, the person that rented the vehicle and permitted the driver to use it will likely have at least some liability.

Therefore, you should definitely have a discussion with an attorney regarding this matter. I would be happy to speak with you to discuss the situation, obtain further facts and options.

J. Caleb Donner

DONNER & DONNER

LEGAL WARRRIORS (R)

325 E. Hillcrest Drive, Suite 242

Thousand Oaks, CA 91360

Tel: 805-494-6557

Fax: 805-494-0990

email: [email protected]

website: www.legalwarriors.com

DISCLAIMER

This reply constitutes legal information for education purposes and does NOT constitute legal advice nor establish an attorney-client relationship. We will only represent you based on a written retainer agreement. Therefore, you should contact this office to discuss representation if you do want legal advice/representation.

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Answered on 8/25/03, 8:35 pm
Alvin Tenner Law Office of Alvin G. Tenner

Re: Passenger/Accident victim/Driver no insurance

Please accept my sympathies for your son's injury. You should contact your own insurance as your son was injured by an unisured motorist. Next you will need to consult an attorney to sue the renter of the vehicle and possibly the rental agency.

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Answered on 8/25/03, 10:04 pm
John D. Williams Law Offices of John D. Williams

Re: Passenger/Accident victim/Driver no insurance

I am sorry to hear of your son's serious injuries. The underaged driver is responsible for the injuries to your son. In addition, his parents are also liable under Civil Code Section 1714.1 for your son's injuries up to a maximum of $25,000.00.

Also, the person who rented the vehicle and permitted the underaged driver to use it may have some liability. In addition, there may be other parties liable, including the rental company. We would have to know further details.

Please call me at (818) 991-6664 for a free telephone and/or office consultation.

Thank you for your inquiry.

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Answered on 8/25/03, 10:12 pm
Armen Tashjian Law Offices of Armen M. Tashjian

Re: Passenger/Accident victim/Driver no insurance

You offered very little information as to how this accident happened. Assuming the underage driver of your son's vehicle was at fault, you can file a suit against him, his parents, persons or entities that allowed him to drive and possibly the rental car company. Call your lawyer or call me if you need further assistance. My number is (323)782-0099.

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Answered on 8/25/03, 10:20 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Passenger/Accident victim/Driver no insurance

I have read the other answers which were posted after my initial response. While I agree that the person who rented the car may well be liable, this will depend upon how the underaged driver ended up behind the wheel.

Some of the other answers have suggested that the rental agency may be liable, but I don't see any facts which support this prospect. If the agency rented to a responsible, licensed driver then it is not the agency's fault that someone else ended up driving. Additional facts might change my view on this point, but this is how I see it at the moment.

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Answered on 8/25/03, 10:23 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Passenger/Accident victim/Driver no insurance

The other attorney's here have posted some excellent responses. Quite frankly, you have a great case, but you may not be able to collect from anybody even if you win. The case is only as good as the person(s) you are suing. I take cases on contigency when I know I have someone to collect from such as an insurance company, or a wealthy individual with assetts. If the rental car company rented to the minor they may be a good defendant. This case will take some investigation. Give me a call to discuss 818-427-6246.

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Answered on 8/26/03, 12:32 am


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