Can You Sue a Minor for a Car Accident?
Car accidents inflict extensive damage to property and your health. Furthermore, a lengthy recovery can affect your financial stability and future income. When facing such dire circumstances, you must file a compensation claim to cover your losses.
Car accident attorneys in Fresno understand that suing an adult for damages is stressful enough, and it is even more complicated when a minor is involved. Establishing liability might take longer, considerably delaying your compensation claim.
Teenagers do not have insurance or an income to be able to pay for their negligence. Despite this, you deserve full compensation for the damages and pain you suffered. If you were involved in a crash and had to sue a minor, the following points will help you understand the process.
Who Is Liable for the Car Accident?
Not all states have the same laws regarding accidents involving minors. For example, in California, the parent or legal guardian who signed the driver's license application is responsible for the damages. Accountability will be influenced by whether the minor had express permission to drive the vehicle.
The parent will be responsible for your medical bills, property damage, and any lost wages, present, and future, if the minor does not have insurance coverage on the vehicle they were operating. While your compensation can not exceed $30,000 for injuries, you can add non-economical damages to your claim, including pain and suffering and emotional distress.
What Is the Difference Between Minor and Adult Cases?
While car accident lawsuits are as complicated as they are, your case will take an even more complex turn when a minor is involved. The court will require a guardian ad litem before starting any proceedings. This happens to ensure that the minor receives representation from someone who has their best interest at heart. The judge will consider the minor's age and whether they have previous records for engaging in reckless behaviors.
Depending on the circumstances of the accident, there are various options for you to receive compensation. Some minors might have their own insurance policy covering their car. In such cases, the insurance company will cover the compensation claim. On the other, if the teenager at fault lacks insurance, filing a lawsuit would be the only way you can cover your expenses. The legal guardian must cover the damages if the vehicle belongs to their parents.
Hire a Qualified Attorney to Represent Your Case
When filing a personal injury lawsuit, you might experience a series of unexpected complications when a minor is at fault for the accident. Although you have the right to receive fair compensation for your losses, the legal process might be too much to handle when you are recovering from injuries simultaneously. Establishing liability and reaching a settlement requires a judge's ruling. Dealing with endless documentation of the evidence and court dates can be stressful.
Seeking further legal advice will benefit you and your case. A qualified lawyer will know how to handle more sensitive cases. Your lawyer will listen to your requirements, analyze and assess the situation and build a solid case. Having proper legal representation in court will increase your chances of receiving total compensation for the damages.