If my 4 year old child ran out into the street and was hit by a car but only sustained minor injuries, am I liable to pay for a dent now in the car?

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If my 4 year old child ran out into the street and was hit by a car but only sustained minor injuries, am I liable to pay for a dent now in the car?

I will paying for my son’s injuries myself. However, the owner of the car that hit him is asking that I pay for damages to his car (dent). How liable am I for these damages?

Asked on July 8, 2015 under Accident Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

As unfair as it may seem, you are liable for those damages if the driver was him/herself driving carefully (that is, he or she did not cause or contribute to the accident by driving negligently, or carelessly). That is because it would be negligent, or careless, to allow a 4-year-old to run into the street, into traffic (as a parent, I know that it's hard to watch young children every moment, but nonetheless, that is what the law expects and requires). Since the damage was causd by your failure to restrain your child from running into the street, you would be liable.


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