Legal Question in Family Law in Illinois

My 16 Year's Old Car Accident My Parental Responsibility

My 16-year-old was involved in a traffic accident using my car. My car was totaled and the other car had over 6,000 in damage. Thank God no one was seriously hurt. I had insurance for 3-year and when I added my son 2 months later he got into this accident. He was ticked failure to yield to on-coming traffic. His ticket was dismissed in court. He and his 2 other witnesses in the car said the guy who hit them head on and pushed my car for approx. 1/4 of the block was speeding and seemed like he was trying to beat the light. My insurance had lapse during the time of the accident. As a parent (single mother of 3 children) how much of a financial responsibility am I liable for the other car's damage. He insurance company want me and my son to sign an out-of-court agreement which will they said we can pay back monthly installment. I am out of a car, I can't afford to pay the 100 dollars a month for 5 years, and my son and the witness truly believe it was the other guys fault. I have no where else to turn and would appreciate any assistant with this problem. Thank you, Carolyn


Asked on 5/05/03, 5:55 pm

1 Answer from Attorneys
Mary McDonagh McDonagh-Faherty Law Offices

Re: My 16 Year's Old Car Accident My Parental Responsibility

The insurance company must sue you to recover unless you decide to settle. If this was not your son's fault and you can prove that in a court, then you may win. I would advise you review the police reports for other witnesses and the content of the report. Even if they win a judgment against you in court, they will have to start a collection proceeding. A court can only order you pay what you can afford so it may end up that you make payments down the line if you lose. However, if you are right in what happened, then you can countersue for your damages. It is difficult. However, settling out of court without an attorney to review what is going on can be risky. You should really try to have an attorney at least evaluate the situation to give you correct advice.

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Answered on 5/07/03, 12:23 pm


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