Legal Question in Personal Injury in California
Who is liable?
My son was hit by an SUV in a driveway of a restaurant. He was on a skateboard behind the restaurant on a sidewalk and was coming off the curb to see if a car was coming. The view of the oncoming car was blocked by the building as well as the building blocking the view of the driver. He was hit at the moment he skated from the curb. The accident report said that he was in violation of a pedestrian code. Neither person was cited at the accident scene. My son had some injuries and was taken to the hospital. The two witnesses at the scene, my son and his friend said she was talking on a cell phone at the time of the accident. They also said she did not call 911 but called the insurance company from her cell while someone else who arrived on the scene after the fact called 911.
The woman who hit my son is asking me to pay her 500 dollars, (her deductible) for damages done to her vehicle because her insurance company said it was not her fault. Am i liable to pay her the 500 dollars?
2 Answers from Attorneys
Re: Who is liable?
In order to answer your question I would have to view the scene and know more about the facts. However, if your son was at fault and is under 18 years of age you are responsible for any damage. The issue of fault, or comparative fault requires more factual detail then in your post. You may contact me by email at [email protected]
Re: Who is liable?
If you have a home owner's or renter's policy report the accident right away. If you wish to pursue damages for your son contact a personal injury attorney.
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