If my teenage daughter was recently in a car accident, was it legal for the other driver’s insurer to question her without parental consent?

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If my teenage daughter was recently in a car accident, was it legal for the other driver’s insurer to question her without parental consent?

She was pregnant at the time and a man ran a red light and hit her. His insurance company has since deemed it her fault. During their investigation they talked to her multiple times but never once got parental permission from me or her father and she’s a minor. Can I sue his insurance company for not getting our permission to talk to her?

Asked on July 6, 2015 under Accident Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, you can't sue the insurer.

There is no law which prevents a private business or person from speaking to a teenage without a parent present. (Your teenager also was not obligated to answer their questions, and could have refused or insisted on waiting for you.)

Since there is no law against them speaking to the teenager, they would not be liable, or obligated to pay any amounts, for doing so; people and business are not liable for doing what they are legally allowed to do.


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