If my daughter washit bya minor who left scene, what should we do?

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If my daughter washit bya minor who left scene, what should we do?

The at fault driver is 16 and her parents want us to settle through insurance and not press charges.

Asked on April 10, 2011 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

1) You have the right to sue, if you daughter suffered injuries. (If there are no injuries and no medical costs, there's effectively nothing to sue *for*, so regardless of liability, right and wrong, there's no real claim.) You can recover an amount equal to medical costs if any, and, if you daughter has suffered some disability, disfigurement, etc., something for pain and suffering, too. (Some bruising, bloody lip, etc. doesn't really support recovery.) So based on what's being offered, you could sue or settle.

2) Technically, you *can't* accept money in exchange for not notifying the police--otherwise, every drug gang and white collar criminal would pay off its/his/her victims. The issue of whether you should contact the police should be determined independentlyof whether you settle for any injuries or inappropriate contact, and needs to be based on your sense of justice, whether you think this may be a recurring threat or issue and therefore you need to create an official record, whether you may wish to get a protective order, etc.


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