Can I sue my parent (the insurance policyholder) for not paying some of the deductible?

UPDATED: Sep 29, 2022

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Can I sue my parent (the insurance policyholder) for not paying some of the deductible?

I just had a baby. Before the baby was born my parent said he would pay half of the $2500 deductible but he did not help us at all. Now when anyone covered on the insurance goes to the doctor, they only have to pay little to nothing because I paid the entire deductible alone. Can I sue my parent for half of the deductible since that’s what he told me he would pay for?

Asked on August 15, 2015 under Insurance Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

No, you cannot successfully sue, based on what you write: your parent is under no obligation to pay the deductible for you, either as a parent or as a policy holder. Furthermore, the law does not enforce "gratuitious promises," or promises made freely, without "consideration" (or receiving in return something or some promise of value): if you did not give your parent something of value in exchange for the promise to pay half the deductible, then the law will not enforce that promise and he may freely go back on it.

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 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.

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