Legal Question in Personal Injury in California

Personal injury lawsuit against my daughter, who was a minor at time of accident

Please tell me what is the law- accident occured 2 years ago and we're just now hearing from plaintiff. She is sueing my daughter, who at the time was a minor. Would this lawsuit revert to me her parent due to her age at time of accident?

Second part is - how do I respond to court or attorney for plaintiff- is there forms I must complete?


Asked on 6/11/09, 8:07 pm

4 Answers from Attorneys

David Lupoff Law Offices of David B. Lupoff

Re: Personal injury lawsuit against my daughter, who was a minor at time of accident

If you would like to receive a coherent answer to your question, I need to know more facts about the case. As it is, I have no idea what type of accident your daughter was involved in, nor do I know anything about her/your insurance coverage. Further, it is relevant to know whether or not the plaintiff had insurance. Please feel free to send an email to [email protected].

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Answered on 6/12/09, 1:55 pm
Daniel Bakondi The Law Office of Daniel Bakondi

Re: Personal injury lawsuit against my daughter, who was a minor at time of accident

If the accident occurred two years ago, part or all of it may be barred by the statute of limitations, and or other grounds.. However, unless you properly raise legal objections, you will waive those rights. You need to hire an attorney to properly advise you. You may contact my office if you would like me to assist you.

Best,

Daniel Bakondi, Esq.

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.

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Answered on 6/12/09, 1:57 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Personal injury lawsuit against my daughter, who was a minor at time of accident

You should immediately notify your insurance carrier at the time, and send it a copy of the lawsuit. Doing it yourself is fraught with hazards.

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Answered on 6/12/09, 2:16 pm
Terry A. Nelson Nelson & Lawless

Re: Personal injury lawsuit against my daughter, who was a minor at time of accident

If you had car insurance at the time, immediately turn this over to that insurance company for defense. You would/should have reported the accident to them and DMV at the time. If you had no applicable insurance coverage, then whoever is named as defendant[s] in the lawsuit must file 'responsive pleadings' to avoid a default judgment. That means filing either an Answer, or various demurrers or motions, if you have the grounds for them under your facts and the laws. Registered owners and drivers have liability, and there are some limits and defenses that may apply, including a 2 year statute of limitations. If you don't know how to effectively research, prepare and file pleadings, conduct discovery and court hearings, and otherwise represent yourself in litigation against an experienced attorney who is seeking to get a judgment against you, then you would be foolish not to hire an attorney. No amount of free hints and tips you may get here are going to do you much good in court. You don't get to just 'waive' at the judge or the other attorney a print out of such replies. If serious about getting appropriate legal help, feel free to contact me.

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Answered on 6/12/09, 2:40 pm


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