At fault for auto accident and medical bills are more than insurance covers.

UPDATED: Sep 30, 2022

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At fault for auto accident and medical bills are more than insurance covers.

My son rear ended another car at dusk. He never saw any break lights
and hit a black van. He was given a ticket for not avoiding an
accident. No one asked why there were no lights on the van. 2 adults
and 3 children went to the ER. One adult had a concussion. Everyone
else was fine.They all walked out of the ER laughing and smiling.
Several days later they all went to different doctors. Now they say
that all of them have concussions and other injuries. One child has
been to 4 different places. They are even claiming memory loss for a
2 year old.The bills will eventually total more than insurance will
pay. My son lives in an apartment in my home and pays his own bills
including car insurance. Can I be held responsible for these bills?

Asked on December 7, 2016 under Accident Law, North Carolina


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

 The medical bills are only part of the compensation the occupants of the van will be seeking.  They will also be claiming compensation for pain and suffering which is an amount in addition to the medical bills.  The adults will also be claiming wage loss.
If the case is NOT settled with your son's insurance carrier because the policy limit is insufficient as you stated in your question, your son will be sued for negligence.  His insurance carrier will provide him with an attorney at no cost; however, eventually there will be a court judgment against him.  If the judgment is an amount that he is unable to pay, at that time he should file bankruptcy.  Chapter 7 bankruptcy is straight liquidation which will eliminate that debt.
If your son is NOT a minor, you are NOT responsible for his bills or the eventual court judgment against him.
If he is a minor, then you would be liable for his bills and the court judgment against him.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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