I’m being sued after an accident my sons were involved in however the vehicle was not insured because it wasn’t running. What can I do?

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I’m being sued after an accident my sons were involved in however the vehicle was not insured because it wasn’t running. What can I do?

The vehicle had no insurance coverage and my son was driving on a permit that we later learned was suspended due to an unpaid ticket. The person driver suing was present at the accident scene the entire time and had no physical injuries. My son’s, however suffered whiplash and the 15 year old suffered a concussion which was documented at the hospital the night of the accident. They later now suffers back and neck pains. I was notified to my being sued by the driver of the other vehicle. How do I proceed?

Asked on August 21, 2017 under Accident Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you're being sued for only a few thousand dollars (e.g. for repair costs to their car), then if you believe your son was likely at fault (e.g. driving carelessly or negligently, as a minor who took an uninsured car on a suspended ticket likely was), then you should probably pay, or at least try to settle the case for some payment you can and are willing to make (and/or payment over time): given the facts, if there is any indication that your son was at fault, since he is highly unsympathetic and displayed appallingly bad judgment, you will likely lose. (A minor's parent's is responsible for his child's accidents; the owner of a vehicle is also responsible for the accidents of anyone who drove it without actually stealing it).
If being sued for too much to possibly afford, and/or you believe that despite your son's actions he was in no way at fault in causing the accident itself, you could defend the case--force the other side to prove your son's fault and that his carelessness caused the damage, costs, etc. they are suing for. But to do with this with a reasonable chance of success, you will need to hire an attorney to defend you.


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