Legal Question in Appeals and Writs in California

Car accident

When I was 15yrs old I wrecked my mothers truck into a traffic pole, the rear end of the truck swung around and hit a Honda civic. breacking their tail light and slightly denting their bumper. I am now 20 yrs old. now I am paying for a settlement my mother made with them equaling over 7,000$. They totalled out the vehicle. The Police report stated that there were no injuries of course. They were barely touched. I'm not sure how they were able to total the car out, but is there any way that I could re-open the case and submit evidence(pictures, statements, etc.) to prove that they didn't need to total the car?


Asked on 11/29/07, 3:02 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

Re: Car accident

I have to assume that your mother was appointed your guardian as to the accident and then on your behalf agreed to the settlement. That would be one way to bind a minor to a settlement, which is a contract [anyone under the age of 18 can not be required to fulfill a contract because they are a minor and have not reached the status of being an adult].

But if you have for the last two years been paying them settlement installments, then you have reaffirmed the settlement contract and are fully bound by it. Nor can you dispute the amount of the damages. Ask your mother for the evidence they submitted as to the damages. Also check to see whether they made the claim against you or against your mother [since it was her car, if you were driving with her permission or did not steal the car, she is also as owner of the vehicle liable jointly up to the amount of $15,000]. Since the pole would not absorb much of the kenetic energy of the truck, unless a large amount of energy was transferred by friction from sliding a long distance, I would think that you would have hit the Honda with a large amount of force, so the damage would not be as minor as you recall [memory plays tricks on us, we remember things in the best light for our selves].

Read more
Answered on 11/30/07, 1:46 am


Related Questions & Answers

More Appeals and Writs questions and answers in California