Legal Question in Civil Litigation in New York
Questioning of a Minor
Our now 17 year old son was a passenger in a car involved in a minor car accident about 3 yrs. ago. Apparently, there is some sort of lawsuit between the two drivers. A lawyer, we believe the gentleman was a lawyer based on how our son described the encounter, came to our home and questioned our son while we, his parents, were not home. I told him he should have asked the man to come back when his parents were home and to never freely give information to someone he does not know. He feels he was intimidated into anwering the questions. We feel he should not even have been asked any questions without our consent. I feel extremely angry that someone came univited to my home and put my child in an uncomfortable situtation. It seems to be a severe violation of his rights as a minor. Our son is now fretting over the fact he may have to go to court and retell his version of the accident. He feels tricked into choosing sides between his friend's father and his neighbor. I do not want my son put in the middle of this petty argument. Like I said, the accident was minor. Please advise!
2 Answers from Attorneys
Re: Questioning of a Minor
I wouldn't be so quick to assume the questioner was an attorney. He may likely have been an investigator either hired on behalf of an insurance company or one of the parties to the lawsuit.
In any case, what's done is done. Nothing you can do about the past. But if someone comes again your son can refuse to answer questions, or you, as his parents, can hire an attorney on his behalf, which would stop the right of an attorney to ask him any questions without his attorney present. If your son is required to appear at a deposition or trial proceeding, he should not appear without legal counsel.
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Re: Questioning of a Minor
Your son could have closed the door and ended the
matter. This is part of real life; if you are a witness you can be subpoenaed.
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