Legal Question in Personal Injury in California

My 10 year old son was riding his bike and crossed the crosswalk and at the end of the crosswalk an underage student with a learner's permit turned right. My son hit her with the bike and fell and hit his head. AAA is now saying we owe them $2800 for the damage to the car and that my son is liable.
What can we do?

Asked on 4/26/11, 4:59 pm

4 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

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You could get a lawyer and countersue for your son's head injuries, but unless you saw a doctor right away this might be problematic. (You did see a doctor, because all head injuries are potentially very serious, didn't you??) The idea that a 10YO on a bike could cause $2800 in property damage to an auto is asinine. You should report the claim to your homeowners' or renters' insurance carrier and that ought to take care of it.

Answered on 4/26/11, 5:11 pm

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George Shers Law Offices of Georges H. Shers

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Mr. Stone is correct. There would be no increase in your rates unless your son is found to be more than 50% at fault. The facts that you describe would indicate your son had entered the intersection first so had control of it and the car driver was entirely at fault for the accident. Did the driver have an adult in the car, and was he driving with his parents' permission? There may not have been insurance coverage, although the parents will deny he was driving without permission.

Answered on 4/26/11, 5:20 pm

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Jonathan Reed Reed & Mansfield

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If you do not have homeowner's or renter's insurance that you can get to defend this claim, the claim does not become a real threat until and unless you are actually sued. AAA may very likely decide not to file suit given the relatively small amount of money involved and the disputed liability.

Most crosswalks outside of very dense urban areas flash a green pedestrian light at the same time that traffic going parallel to the crosswalk has a green light. Therefore, both the pedestrian in the crosswalk (or the kid riding a bike in the crosswalk) and the right turning car can have green lights. The bike riding kid will argue that cars must watch and yield to people in the crosswalk and the car drive may argue that the kid was riding his bike much faster than a pedestrian so the car driver couldn't see him in time to stop.

If I had to make an even money bet, I would bet AAA will not file suit. If they do consult a lawyer if you do not have homeowners or renters insurance which will cover this.

Answered on 4/26/11, 10:03 pm

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