Legal Question in Real Estate Law in Wisconsin

In WI, the parents of minors are strictly liable for willful or malicious damages committed by their children up to certain limits, and can also be held liable for larger amounts if a judge or jury finds that they negligently failed to supervise and control their child. When a car (or home) owner's insurer pays out a claim due to a break in or any other damage to property which they insure, the insurer then owns "subrogation rights" to recover what they paid out by standing in the shoes of their insured and suing whoever may be legally responsible for the damages, which could include you. However, if you have homeowner's or renter's insurance, you may enjoy coverage for certain types of liability claims which may include negligence. You should therefore immediately place your insurer on notice of this potential claim, which may trigger the availability of legal protection for you. Also, answering your second question, while payouts to victims by insurers is indeed "what insurance is for," there are also subrogation laws which exist for the purpose of allowing the insurer to be reimbursed, thereby theoretically allowing them to charge lower premiums to their insureds. These means that both the insurer and their insureds may have the right to sue you and your child for damages caused by your child. My comments in this public web forum are intended only for public educational purposes and are not legal advice specifically for you. Instead, you should retain a lawyer in order to meet your legal needs since I will be taking no action on your case. You are welcome to contact my Racine, WI office at 262-633-3090 or email me at [email protected] for further information if you desire it.