QUESTION

Can I be sued and liable for damages if I am seventeen but my court case is not until I am eighteen?

Asked on Aug 01st, 2012 on Personal Injury - Nebraska
More details to this question:
I'm being sued for a car accident because I can not pay the damages . The car was parked and nobody was injured. The owner of the car lent his vehicle to a friend when it was hit, and the owner of the hit car did not want to call the police. However, I called and reported that I hit their car, the original owners were called when police arrived and about 4 months later the owner of the car came to my residence and served me court papers. He is now suing me for 4,000 dollars. I was a minor when the incident occurred, but I'll be 18 years old on my court date. What would most likely happen?
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22 ANSWERS

Child Custody Attorney serving Malvern, AR at Law Office of Gregory Crain
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Yes.
Answered on May 24th, 2013 at 2:57 AM

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Personal Injury โ€” Plaintiff Attorney serving Taylor, MI at Downriver Injury & Auto Law
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Yes.
Answered on May 24th, 2013 at 2:55 AM

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Ronald A. Steinberg
Why wouldnt you be? In society, you are responsible for your actions.
Answered on Aug 27th, 2012 at 11:19 AM

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Personal Injury Attorney serving Pacific, MO at Melvin G. Franke
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You lose.
Answered on Aug 20th, 2012 at 3:30 PM

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Personal Injury (Plaintiff) Law Attorney serving Wheaton, MD at The Law Offices of Paul A. Samakow, P.C.
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You are responsible. If you had auto insurance, report the claim to them and they will pay it. If you did not have insurance, this is an expensive lesson. Get insurance for next time.
Answered on Aug 20th, 2012 at 3:29 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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You will likely get a judgment against you which has a life of ten years and may interfere with your credit for that time. you may also lose your driver license if the DMV gets involved. So make arrangements to pay the damage you caused.
Answered on Aug 20th, 2012 at 3:29 PM

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Criminal Defense Attorney serving Montrose, NY at Law Office of Jared Altman
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He cannot sue you directly because you are a minor. The case should be dismissed. Once you're 18 he can sue you directly. You're responsible either way.
Answered on Aug 20th, 2012 at 3:29 PM

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Adoption Attorney serving Baton Rouge, LA
Partner at Esposito Law Firm
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They will have to sue your parents since you are a minor.
Answered on Aug 20th, 2012 at 3:28 PM

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Civil Litigation Attorney serving Gadsden, AL at Ford, Howard & Cornett, P.C.
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First, you should report the lawsuit immediately to your car insurance company. Your insurance company should retain an attorney to defend you. If you do not have liability insurance, you should not be driving. Second, the fact that you were a minor is irrelevant. As a licensed driver, you are responsible if you negligently or wantonly caused damage to the vehicle. Third, you posted a question on a public website basically admitting liability. That is a very bad idea.
Answered on Aug 20th, 2012 at 3:28 PM

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Personal Injury Attorney serving Lake Worth, FL
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You will be responsible for the damages under Florida law.
Answered on Aug 20th, 2012 at 3:28 PM

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Bankruptcy Law Attorney serving Livingston, NJ
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Turn it over to the insurance company and let them handle it. That is why you have insurance.
Answered on Aug 20th, 2012 at 1:53 PM

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Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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You will be treated as an adult. If the car you were driving had insurance, that company should be paying if you had permission to drive.
Answered on Aug 20th, 2012 at 1:07 PM

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Personal Injury Attorney serving Richmond, VA at Blank & Marcus, LLC
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You can be liable, but you should turn this over to the insurance that was on the car you were driving at the time of the accident.
Answered on Aug 20th, 2012 at 1:07 PM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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If you had car insurance, or if the owner of the car you were driving had insurance, the insurance should defend the claim and pay any damages. If you were driving an uninsured vehicle, they will likely obtain a judgment against you for the damages. They cannot force you to pay the judgment, but it can hurt your credit, and the sate might suspend you license if you do not pay the claim.
Answered on Aug 20th, 2012 at 1:06 PM

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You made a stupid child's mistake and may have to pay for it.
Answered on Aug 20th, 2012 at 1:06 PM

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Personal Injury Attorney serving Indianapolis, IN at Bernard Huff
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Your parent(s) or legal guardian can be sued in your stead for your negligence in causing an accident if you are under the majority age. They should try to settle with the owner of the damaged vehicle.
Answered on Aug 20th, 2012 at 1:05 PM

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General Attorney serving Portland, OR at Lehner & Rodrigues, PC
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Your age makes no difference. You can be held liable for negligently causing your car to strike the parked car. You should report this to your liability insurance company and they will hire a lawyer to defend you.
Answered on Aug 20th, 2012 at 1:05 PM

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A minor can be held liable for damages they cause while driving a car. Assuming it was your fault and you are liable, then you will have to pay the damages. If you contest it all the way through trial, and lose, you will have a judgment entered against you for the amount of damages proved at the trial. The judgment against you is good for 10 years. It can also be renewed for another 10 years. Did you have insurance? If so, call them and make a claim.
Answered on Aug 20th, 2012 at 12:53 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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If you were driving the car with permission, the owner's insurance should cover it. Report this right away if you have not already done so. But, it is possible that due to the passage of time, they will disclaim due to your not having reported it earlier.
Answered on Aug 20th, 2012 at 12:43 PM

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Being seventeen doesn't automatically absolve you of all liabilities. If you killed someone you'd still be charged with manslaughter.
Answered on Aug 20th, 2012 at 12:22 PM

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Litigation Attorney serving Chicago, IL
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Being a minor does not absolve you from negligent conduct, especially in relation to the operation of a motor vehicle. Illinois is a mandatory insurance state. You should turn this over to your insurance company and let it handle the claim if you do not have the funds to pay a judgment.
Answered on Aug 20th, 2012 at 12:14 PM

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Motor Vehicle Accidents Attorney serving Lincoln, NE at Lapin Law Offices
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The answer to your first question ("Can I be sued and liable for damages if I am seventeen but my court case is not until I am eighteen?") is yes, you can be sued even though you were only 17 at the time of the accident. As to "What would most likely happen?" I cannot answer that question without more information. If the owner is successful in his lawsuit against you, you would owe the owner the amount awarded by the judge or jury. If you or the vehicle you were driving had car insurance at the time of the accident, they should be notifieid immediately. They would hire an attorney for you as well as pay the owner any money he is owed. If you did not have insurance, or the insurance company denies the claim for failing to notify them near the time of the accident, you may want to consider talking to an attorney about your rights and options. DISCLAIMER: This response should be considered general in nature, for information purposes only and should be used only as a starting point for addressing legal questions and issues. It is based on the limited information provided and, in some instances, makes certain assumptions. It is intended only for cases involving Nebraska and Nebraska law and is not applicable to any other state or jurisdiction. The author does not warrant the accuracy or validity of the information contained within this response, and hereby disclaims any liability to any person for any loss or damage caused by errors or omissions. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor should it be considered a solicitation for additional legal advice or legal representation. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction to fully discuss your case. You should be aware that there are Statute of Limitations (the deadline imposed by law within which you may bring a lawsuit) as well as other requirements and/or limitations that limit the time you have to file any potential claims you may have. This response may be considered advertising in some jurisdictions under any and all applicable laws and ethical rules. The listing of any area of practice that the author practices in does not indicate any certification or expertise therein, nor does it represent that the quality of legal services to be performed would be greater than the quality of legal services performed by other lawyers. It is merely an indication by the author of areas of law in which he practices. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. Readers are urged to make their own independent investigation and evaluation of any lawyer being considered.
Answered on Aug 20th, 2012 at 12:05 PM

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