QUESTION
If an underage minor hit me head on, can her parents policies be sued as well because she only has 100K of insurance?
Asked on Dec 09th, 2013 on Personal Injury - Idaho
More details to this question:
I was hit head on by a 17 year old underage minor on a major highway. She was going the wrong way and cited 100% at fault. Both vehicles were completely totaled. I have already had two surgeries and need three more (back, neck, both shoulders, left wrist and forearm with permanent hardware). My medical bills will be at least 200K. She only has 100K in insurance and I only have 100K in insurance. She is on her father's insurance policy. Since I am told there is not enough money available for my many injuries, can this young minor's father and mother both be held responsible for the amount of insurance they have on their policies? The car is in the father's name. What is negligent entrustment? And how might this apply?
15 ANSWERS
Advocacy Attorney serving Boca Raton, FL
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Steven H. Meyer, P.A.
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I'm very sorry to hear about your accident and injuries. You probably have a claim against the family personally, to recover money that exceeds the limit of the insurance policy. There may be claims against other entities too, but I would have to speak with you to find out more details. It sounds as if you already have a lawyer working on your case. However, if you would like to speak to another lawyer, we offer a free initial consultation. I am board certified by The Florida Bar in Civil Trial Law, which indicates that I am an expert in civil trial cases. This area includes personal injury cases. Last year I had a $13,500,000 jury verdict in a case similar to yours, which we believe was the largest verdict in the state in 2012 in this type of case.
Answered on Dec 13th, 2013 at 7:40 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney, you clearly have liability and damages, the question in collectability. Yes, the driver and her dad (and perhaps mother, depending on the circumstances) are liable. The liability is not really and issue.
Answered on Dec 13th, 2013 at 7:40 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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The driver and the owners are liable for the operation of a vehicle. entrustment means exactly what happened here. the parents entrusted their car to their child. You cant collect the max insurance and sue the parents also. You get your choice. They might pay you a little something out of their pockets to sweeten the pot but usually not much.
Answered on Dec 13th, 2013 at 7:03 PM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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You seem knowledgeable about the issues. You can sure sue the parents since they have likely signed for her driver's license. However, if you have a lawyer you must address it with the lawyer. If not, hire one. Good luck.
Answered on Dec 13th, 2013 at 5:31 PM
Insurance Defense Attorney serving San Bernardino, CA
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Ricks & Wear, PLC
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Yes, adult parents with legal custody are responsible for the acts of their minor children. Negligent Entrustment is when the owner negligently entrusts a vehicle to a driver the owner knows or should have known had a driving history that would suggest they were negligent drivers. The driving history, as reflected by both DMV records and circumstantial evidence, need not be extensive and seldom is with younger drivers but the owner/parent must be diligent in deciding whether or not to allow the minor to drive.
Answered on Dec 11th, 2013 at 9:43 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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In Michigan you are generally not allowed to "stack" insurance policies from the other owner/driver/household. Typically the policy of the owner and/or driver will cover the loss up to the liability limits. If they also have umbrella/excess coverage, that would be on top of the primary auto liability limit. If you have under insured motorist coverage it may be available depending on the other parties limits and the limits you purchased (although most under insured motorist coverage in Michigan tends to be "illusory" as it offsets the other parties limits against it's limits and oftentimes you end up with no available coverage).
Answered on Dec 11th, 2013 at 9:43 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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The key fact there is that the father owns the car. So he has owner's liability for the injury. However, if he doesn't have any money, it may not be worth it because his policy is her policy. He may have an umbrella liability policy that could contribute. Talk with a local personal injury attorney about the issues. Also, if you signed a release when the other insurance company paid, you may now be out of luck.
Answered on Dec 11th, 2013 at 9:43 PM
Ronald A. Steinberg
The driver of the car is responsible, because SHE was at fault. If she was driving with the permission of the owner(s), who presumably are her parents, then you can sue all of them. If you have health insurance, use that to pay for the medical bills. Most importantly, get a competent lawyer.
Answered on Dec 11th, 2013 at 9:43 PM
From the information you have given, it sounds like the minor was an insured person on her father's policy. If so, then that policy would be required to pay if their insured (the minor) was responsible for the accident. I would need more information to verify that. Negligent entrustment is a legal doctrine that would require that the father have some reason to know that his child was an unsafe driver (or had some kind of mental or physical impairment) that would make it negligent to allow the child to drive his car. In those kind of cases, the child is not usually covered on the parent's insurance policy, so the father's negligent entrustment would have to be established before his insurance company would be required to pay.
Answered on Dec 11th, 2013 at 9:43 PM
Defective and Dangerous Products Attorney serving Middleton, WI
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Atterbury, Kammer, S.C.
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The short answer is whoever sponsored her driver license may be responsible. With your injuries you should hire a lawyer.
Answered on Dec 11th, 2013 at 9:43 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Theoretically, you might be able to go after the parent, but as a practical matter it would not be worthwhile.
Answered on Dec 11th, 2013 at 9:43 PM
Personal Injury Attorney serving Salt Lake City, UT
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William Enoch Andrews Injury Lawyer
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It appears that in your case there may be a possibility of seeking money from other car insurance policies owned by the minor's parent(s). Sometimes there are also excess and/or "umbrella" insurance coverage that may apply and can be accessed in a situation like yours. Contact an injury lawyer to discuss your case and to make sure you are compensated fairly by accessing all possible insurance coverage available. Good luck to you during this very hard time in your life.
Answered on Dec 11th, 2013 at 9:43 PM
You said that the minor was on her father's insurance policy, so you can go after it. You need an aggressive lawyer who can handle all possible avenues for insurance coverage and compensation.
Answered on Dec 11th, 2013 at 9:43 PM
Your claim can be filed with the driver's auto policy, the owner's auto policy and your own policies, if any. In Iowa you do not need negligent entrustment as a theory of recovery. We have a statutory provision making owners legally responsible for the driver's negligence so long as they were driving with the owner's knowledge and consent. So negligent entrustment isn't necessary. See Iowa Cod Section 321.493.
Answered on Dec 11th, 2013 at 9:43 PM
James Eugene Hasser
Unfortunately, while it is possible that the parents could be held liable for negligently entrusting their car to their daughter, it won't change the amount of coverage available. That is why I tell everyone to load up on uninsured motorist benefits. Sorry. Good luck.
Answered on Dec 11th, 2013 at 9:43 PM