Legal Question in Personal Injury in California

Damage to Car by a minor

My car was parked. A 16 year old licensed driver lost control of his vehicle & hit mine. He is on his father's insurance policy & wants to pay for the damage ($2500). I am not sure who has legal title but suspect they "Kid" does.

Can the kid enter an agreement with me to pay & sign a "promissory note"? Or, should I deal with the father?

Or, would it be in my best interest to insist we run it through their insurance company ?? thanks


Asked on 4/29/98, 6:59 pm

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Go through the insurance company

A promissory note with a 16 year old is not going to be enforceable. you can enforce a note the father signs but if he defaults then it is up to you to take him to court and then try to collect. You are best protected by going through the insurance company. They have the cash to pay you right now and then it is over and done with.

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Answered on 5/20/98, 11:40 am


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