If my 17 year old son was involved in an accident and they claim that it was his fault, can he be sued?

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If my 17 year old son was involved in an accident and they claim that it was his fault, can he be sued?

We received information from an collection agency saying that he owed the insurance company $5700. However, I was never given any information or statement of this amount; it was sent directly to collection. There was no noticable damage to their car.

Asked on June 16, 2015 under Accident Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If someone believes that your son was at fault in an accident and caused them some damage, injury or loss, then if he or you do not pay their demand, they could sue. Because he is 17 (a minor), they would be suing you, as his parent, not him. (A parent is liable for the damage or injuries caused by their minor child.) To win, they'd have to prove in court by a preponderance of the evidence (i.e. that it is more likely than not) that he was at fault and caused the amount of damage they claim. If you have liabilty insurance, you should contact your insurer and refer this matter to them; they should defend or settle the case for you.


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