Am I legally liable for minor child's accident?
Question Details:
My 10-year-old boy accidentally crashed into someone's car on his bike and left two scratches. I dont have a problem paying to get the car fixed, but I am living paycheck to paycheck. The lady is being demanding and has gotten very high estimates in my opinion. I will end up paying but is there anything I can say to make her back off? Something like, "I am not legally liable"? My homeowners insurance said they would deny the claim. Their reason was because my boy is 10 and that makes me not liable fopr any damage. Any suggestions would help. Thank you very much.
Auto Accidents Law Answers
I am a lawyer in CT and practice in this area of the law. I suggest denying liability. force the lady to sue you in small claims court and then deny responsibility on the grounds that you did not damage the car, but rather your son did and argue that you were not breaching any duty regarding your failure to supervise him- i.e. the 10 year old does not need supervision riding his bike and you had no reason to believe he would crash his bike as he was a good rider. If the court rules against you, the court will order weekly payments that you can afford to pay over time. if you win, case closed.
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