Can 17 year old son be taken to small claims regarding car accident? Are we being personally sued, or is this for insurance?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can 17 year old son be taken to small claims regarding car accident? Are we being personally sued, or is this for insurance?

My son was driving, I was passenger. He ran red light, hit rear quarter panel of left turning vehicle. Being sued for $7500 (can they sue each of us individually?). They marked the box that states they have asked the defendant to pay before they sue. We have not had any direct contact with plaintiff, so they have NOT asked us for any money. We are also in disagreement with her “pain and suffering” Med expenses from Chiropractic Clinic.

Asked on April 1, 2009 under Accident Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Your minor can be sued individually.  Further, you can be sued under California law, as well if the car is in your name or he is on your insurance. I.e., you negiligently allowed him to use your car and you knew he was a reckless driver. 

If you are being sued in small claims court, you cannot bring counsel.  You need to point out what you feel are false statements by the plaintiff.  You can disagree with anything the plaintiff states or claims but be prepared to provide proof.  Further, check your state's max on small claims court claims.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption