Legal Question in Civil Litigation in New Jersey

verbal agreement between minors

17 year old son involved in 2 car collision 1 year and 2 weeks ago with his also at the time 17 year old friend. vehicle totaled and no tickets issued. since accident my son felt pressured to pay half of the vechile value, lost his job and no payments have been made since june 07. threatned yet again by friend and his father, in fact father came to our home and threatned us as parents to make pament, i explained this is why we have insurance on vechiles and i am sorry you just had liability but this was just what we call an accident nothing intentional. on jan. 22nd my son received documents to appear insuperior court on behalf of family. is my liable for balance of car which they state is 3,000.00? Are minors bound to verbal contract when threatned in to doing so, are we as parents liable? Thank you in advance...


Asked on 2/11/09, 11:20 am

1 Answer from Attorneys

Adam L. Rothenberg Levinson Axelrod, P.C.

Re: verbal agreement between minors

Whether your son agreed or not, if he negligently caused damage to another or another person's property, then he is legally responsible - in theory. Think about a store - you break it you bought it.....

However a right to judgment is dependant on his being at fault. Also, while they may procure judgment, it is hard to collect blood from a stone.

How you deal with this is up to you. I suggest that you try to come to an understanding and perhaps some type of payment plan if he was negligent. Your son has to understand that his actions have ramifications. The fact that it was unintentional is irrelevant. It is a shame that there was no insurance that would cover the loss, fortunately no one was injured - since that could be a much greater loss and cost.

I would not tolerate any threats though. Either he is responsible and they can try to collect or he is not. Any type of intimidation should not be tolerated and if truly threatening should be reported to the police.

I hope that helps. Best wishes.

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Answered on 2/11/09, 11:49 am


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