Legal Question in Personal Injury in California
My step-son was hit by a car riding his bike to school as the driver pulled out of their driveway, since he was riding on the sidewalk of the wrong side of the road, (against traffic) the police deemed it his (step-sons) fault. There was a verbal agreement at the scene that the driver would take care f the car bill and my wife would take care of the medical bills. After the driver found the cost of repairs, they went back on their word and is requesting that my wife pay for damages. Being that my wife is obviously divorced from the father of my step-son, he has said that because he was not the parent under custody during the time of accident, he will not pay half of the bill, medical as well as the cost of the drivers repairs. My question is, how much of a leg do we have to stand on if we deny to pay for the repairs and are in turn sued by the driver, considering there was a verbal agreement and that the damage to her car was done by my step-sons helmet hitting the door? Secondly, if we do have to pay, what are the chances of the father not having to pay half the costs both medically and damage repair? The father shares joint legal custody but we have primary physical custody in which he has visitation.
4 Answers from Attorneys
If either of the parents of your step-son own a home, their homeowner's insurance may well cover the liability for the damage to the car. No medical insurance either? I think you people should stop fighting each other and fight the insurers to do their job.
I don't think the verbal agreement between your wife and the driver will matter much if at all, unless she had somehow acted in reliance on the driver's promise before he backed out of the agreement.
The extent of the father's liability, if any, is a question of family law. I suggest re-submitting your post under that category.
Good luck.
If your stepson was injured in the accident, he may have a personal injury case against the driver of the car. Even though he was riding his bicycle on the sidewalk, I have had similar cases where I have been able to prevail for my clients against the driver of the car which collided with my client. If you would like, you can call me for a free consultation at (888) LAW-1177. I work on a contingency basis, which means that if there is no recovery, you don't owe me any attorney's fees.
I just settled a case where my client was driving on the wrong side of the sidewalk and was hit by a car pulling out of a driveway for $200,000.00. The police officer is mistaken unless your step son purposefully ran into the car.
There is nothing in the vehicle code which prohibits persons from riding bikes on sidewalks. A person on a sidewalk has right of way over a car.
You should call me to discuss this case immediately at 800-816-1529 ext. 1. . You may also go to my personal injury website at www.thepersonalinjury.com.
Your stepson may have a good case!
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
