QUESTION
What could an underaged victim of an accident do?
Asked on Apr 14th, 2015 on Personal Injury - California
More details to this question:
My 17 year old son just broke his arm and his car was totaled because a driver ran a red light. I’d just like to know what our options are and what the implications of him being underage are.
8 ANSWERS
File a lawsuit against the other driver.
Answered on Apr 20th, 2015 at 2:32 PM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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Get an attorney or be viewed as a bad parent. The child needs a "guardian ad litem", presumably one or both parents, to assert his damages claim. When settled or tried to judgment, the Court will require a blocked account and Court supervision over the settlement/judgment proceeds until he is 18.
Answered on Apr 16th, 2015 at 2:16 PM
Edwin K. Niles
Son's claim is based on negligence. If it can be established that the o.d. ran the red light, that driver's insurance co will be on the hook. I don't know what son's age has to do with it. The statute of limitations is 2 years from majority. He must have settled his claim or have filed suit by age 20.
Answered on Apr 15th, 2015 at 6:34 PM
If the adverse driver was negligent, your minor son may receive compensation. Consultation with an experienced personal injury attorney is recommended.
Answered on Apr 15th, 2015 at 2:26 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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He will need a guardian ad litem appointed once a lawsuit is filed. This can be either a parent or guardian.
Answered on Apr 15th, 2015 at 1:11 AM
Car Accidents Attorney serving Newport Beach, CA
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Russell & Lazarus
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Age is not the issue. Fault is the issue. If the other vehicle operator caused the collision, then your son has the same rights and remedies as an adult for the harms and loses he suffered as a result therefrom.
Answered on Apr 15th, 2015 at 12:41 AM
Personal Injury Attorney serving Irvine, CA
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Woods Williford Personal Injury Attorneys
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He has a right to make a claim against the responsible party and their insurance company for his injuries.
Answered on Apr 15th, 2015 at 12:40 AM
Under your State law, was he legally operating the vehicle? Normally, whether he was driving legally or not does not matter as that is not what caused the accident, although the other driver's insurance company may raise that argument to try to reduce his claim. Be sure to demand loss of use at the rate which it really would cost for a replacement vehicle and not what the other insurance company limits its insured to.
Answered on Apr 15th, 2015 at 12:38 AM