Do I have to payfor an accident thatmy daughter allegedly caused with her bikeifI have reason to believe the motorist was speeding?
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Do I have to payfor an accident thatmy daughter allegedly caused with her bikeifI have reason to believe the motorist was speeding?
My 16 year old daughter was riding her bicycle through an intersection. A motorist says my daughter never stopped at the intersection causing the motorist to swerve to avoid hitting my daughter causing them to side swipe a utility pole. There was minimal damage done to the pole, no injuries. The motorists insurance company is now coming after me for over $8600. What do I do now? My daughter said she looked and never even saw the vehicle.
Asked on February 8, 2012 under Accident Law, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
A person is only liable for the costs of an accident if the person was at-fault in causing the accident; that is, she caused it deliberately, or she was negligent (unreasonably careless) and caused it. If the person was an unemancipated minor, then the parents could be liable.
If you believe your daughter was not at fault and/or that the amount being sought is inflated (you only have to pay for the actual, provable damage or personal injuries), your options are to 1) try to negotiate to some amount you can agree to pay; or 2) let them sue you and defend yourself in court, by attacking their case.
The ways to attack their care are:
a) Attack causality--undercut any claim or evidence that your daughter caused the accident.
b) Attack fault--show that your daughter was not doing anything wrong (e.g. not negligent).
c) Show that the other person was at-fault (e.g. speeding, which would be driving carelessly), since to the degree he or she is at fault, the amount he or she could recover is reduced.
d) Show that the monetary claims are not supported by the actual damage done.
Check your insurance policies also (e.g. homeowners)--see if any of your policies will obligate one of your insurers to defend the case and, if necessary or appropriate, pay any amounts due or agreed to.
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