Legal Question in Personal Injury in Louisiana

Re: minor served with legal papers?

Dear LawGuru Friend,

Even though as a minor you were not subject to being sued; nevertheless, you were, even during your minority, still legally liable for the damages that arose from your negligence; and now that you are of age, you are subject to being sued for the accident and damages arising therefrom. As a practical matter, just notify your insurance company of the accident and make sure they provide you a defense to the suit. If you get papers served upon you, hot-foot it to your insurance company with those legal papers. Also, if the one suing you had damages from the accident in excess of your own insurance coverage limits, you may need to hire your own counsel. Also, if you were living with your parents at the time of the accident, there is a chance that their policy may provide you some uninsured/underinsured motorist coverage. Also, you should notify your parents of the accident and of the suit; and they should notify their own insurance carrier of the accident, damages resulting therefrom and of the suit, as well as the other facts concerning the accident and your own insurance coverage. There is more to it than this, but this is something to consider. Good luck to you and your parents!

Sincerely,

Hardy Parkerson, J.D.

Retired Lawyer

Lake Charles, LA

[email protected]

Re: minor served with legal papers?

You are correct. You should speak to your insurance company's attorney immediately before they file responsive pleadings. The insurance company owes you and your parents a defense, so they will answer on your/their behalf. You should contact that attorney and let him or her know that you were a minor at the time of the accident. If you have not been in contact with the attorney, contact the adjuster who you dealt with. If you were never assigned an adjuster, call your insurance agent to get contact information for the insurer.