Legal Question in Personal Injury in California

property damage

As disheartening as this may sound,

if a child runs into the street and is hit by accident by a car driving within the speed limit,can the auto owner sue the family of the child injured, fatally or not, for damage to the vehicle; and the child's parents are found negligent, would the vehicle owner prevail in a court of law?

thank you,

tom


Asked on 4/17/08, 7:31 pm

7 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: property damage

Yes, its possible.

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Answered on 4/26/08, 2:57 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: property damage

Yes,

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Answered on 6/27/08, 8:17 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: property damage

Yes, if the evidence shows that the child and/or parents were at fault.

Of course, I'm not condoning such a lawsuit, though under some circumstances it might be necessary.

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Answered on 4/24/08, 9:13 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: property damage

It's called a "dart-out case." When the kid's parents sue the driver (really the driver's insurance company), they usually lose. If you have comprehensive insurance, your ins. co. will handle this type of unpleasantness. If not, you can sue the parents / their homeowners insurance but you risk, fairly or not, looking like a heartless SOB.

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Answered on 4/24/08, 9:15 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: property damage

It's called a "dart-out case." When the kid's parents sue the driver (really the driver's insurance company), they usually lose. If you have comprehensive insurance, your ins. co. will handle this type of unpleasantness. If not, you can sue the parents / their homeowners insurance but you risk, fairly or not, looking like a heartless SOB.

Read more
Answered on 4/24/08, 9:16 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: property damage

It's called a "dart-out case." When the kid's parents sue the driver (really the driver's insurance company), they usually lose. If you have comprehensive insurance, your ins. co. will handle this type of unpleasantness. If not, you can sue the parents / their homeowners insurance but you risk, fairly or not, looking like a heartless SOB.

Read more
Answered on 4/24/08, 9:16 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: property damage

It's called a "dart-out case." When the kid's parents sue the driver (really the driver's insurance company), they usually lose. If you have comprehensive insurance, your ins. co. will handle this type of unpleasantness. If not, you can sue the parents / their homeowners insurance but you risk, fairly or not, looking like a heartless SOB.

Read more
Answered on 4/24/08, 9:17 pm


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