Can 17 year old son be taken to small claims regarding car accident? Are we being personally sued, or is this for insurance?
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Can 17 year old son be taken to small claims regarding car accident? Are we being personally sued, or is this for insurance?
My son was driving, I was passenger. He ran red light, hit rear quarter panel of left turning vehicle. Being sued for $7500 (can they sue each of us individually?). They marked the box that states they have asked the defendant to pay before they sue. We have not had any direct contact with plaintiff, so they have NOT asked us for any money. We are also in disagreement with her “pain and suffering” Med expenses from Chiropractic Clinic.
Asked on April 1, 2009 under Accident Law, California
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
Your minor can be sued individually. Further, you can be sued under California law, as well if the car is in your name or he is on your insurance. I.e., you negiligently allowed him to use your car and you knew he was a reckless driver.
If you are being sued in small claims court, you cannot bring counsel. You need to point out what you feel are false statements by the plaintiff. You can disagree with anything the plaintiff states or claims but be prepared to provide proof. Further, check your state's max on small claims court claims.
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