Legal Question in Personal Injury in California

Unfortunately not much since the liability of parents is limited. Assuming the house has no mortgage the parents would be entitled to a homestead exemption of $100,000 and after factoring the costs involved of going after the house, including the lawsuit, it might not be sufficient equity. Consider that there might be a lien for your medical costs and that lien would attach to any recovery you obtain. Also, since you probably settled your claim you might have released the parents as well. Given the seriousness of your injuries you need a consultation with an attorney to explore all options. There are time limitations so you need to see a lawyer right away. What happened to you is why I recommend that everyone carry at least $100,000/$300,000 uninsured/underinsured motorist bodily injury coverage. I have seen many cases like yours where the driver at fault was not insured at all and the victim has received nothing. You need to protect yourself with substantial uninsured motorist insurance coverage.

I disagree that the liability of the parents is limited. The parents permitted someone to drive who they knew was not licensed. Under the legal theory of "negligent entrustment" the parents are responsible for your entire loss, and even if there is a homestead exemption, if you were to get a judgment you would eventually collect if the parents sell the house or die. I am sorry you were in the hospital for five months. Like the previous attorney said, you need to act without delay to protect your rights.

I'm so sorry to hear about your ordeal.

Unfortunately, your question leaves out some important information. In particular, it doesn't say how the accident occurred. It is possible that the young woman was not at fault. It's even possible that you were. Her lack of a license would not automatically make her responsible for an accident if she wasn't at fault.

Assuming that she was at fault, Mr. Stone is probably -- but not necessarily -- right that her parents would be liable under a theory of negligent entrustment. I don't know whether you would realistically be able to recover enough to cover your medical bills, let alone your pain and suffering. But you might be able to get quite a bit more than the $15,000 policy limits.

Your question also doesn't explain how a young woman without a drivers license could have an insurance policy at all. Does the policy belong to her parents? Or is it possible that you're mistaken about her having only a learner's permit.

You should consult with a local attorney right away discuss your case in more detail with him or her.

Good luck.

I agree with Stone and Hoffman and would add that the owner of a motor vehicle who permits someone else to drive it are liable for what the driver does if the driver is liable, and that liability is not limited to insurance limits. The question does remain, however, whether the parents have enough assets to make it worth persuing.

I am sorry that you have suffered so much and continue to suffer as a result of this accident.

The first issue is liability meaning who is at fault for causing your injuries. Assuming that the other driver caused the accident you then look to see whether the parents have liability as well. There definitely appears to be an issue of negligent entrustment of the vehicle to the driver. This will depend on the facts.

You should contact a local attorney to discuss your options. Let me known if you would like to discuss the matter.

Also, you have a limited time to file a claim/lawsuit so you should act immediately.

Caleb Donner

Email: [email protected]

What happened to you is so unfortunate. This happens to many "motor riders". I have represented many motorcycle riders who have suffered like you. I also agree with the parents' liability for negligent entrustment. If your bike was insured and you had underinsured motorist coverage that would be a possible source. Also, the Hospital Lien Act may reduce/limit the amount that it can recover especially when you are represented by legal counsel. The hospital cannot balance bill you as well if Medicare or Medi-Cal paid any of your hospital expenses. You should seek an attorney in your area that you feel comfortable with. I hope this helps. Bob

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