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yorky2019 · Aug 22, 2008, 06:25 AM

Hi I'm wondering if anyone can help me
I received a letter through the post today saying that my 12 year old daughter has caused someone to get run over by a car (which is untrue) and there trying to claim for damages, she witnessed the girl getting hit by the car and in this letter it says that my daughter was throwing water at her and she stepped into the road to get away (again untrue) how can I fight this? Any advise would be grately welcomed thanks vicky

ScottGem · Aug 22, 2008, 06:28 AM

You need to get an attorney NOW. As a minor your daughter cannot be sued. But has her parents YOU can.

The first thing to find out is whether a police report was filed and what it says.

yorky2019 · Aug 22, 2008, 06:40 AM

Originally Posted by ScottGem

You need to get an attorney NOW. As a minor your daughter cannot be sued. But has her parents YOU can.

The first thing to find out is whether a police report was filed and what it says.

Hi again as far as I know the police have not been contacted thanks for your reply

excon · Aug 22, 2008, 06:52 AM

Hello yorky:

Are you telling us that someone, probably a young person got hit by a car, and the cops WEREN'T called?? I don't believe it.

Next. She, the letter writer witnessed the accident and ISN'T the victim?? Why would a witness be entitled to damages??

Or, are you saying that NOBODY got run over, and this letter is totally bogus?? If that's so, throw it in the trash.

excon

amricca · Aug 22, 2008, 06:55 AM

I agree with excon, doesn't quite add up. Either way, if your being sued you better hire an attorney.

yorky2019 · Aug 22, 2008, 07:00 AM

What happened was this 12 year old girl was hit by a car in early July (8th) and broke her leg and there saying that my daughter also 12 caused her to get run over and now are sueing for damages its crazy I know

rockinmommy · Aug 22, 2008, 07:15 AM

Originally Posted by yorky2019

what happened was this 12 year old girl was hit by a car in early july (8th) and broke her leg and there saying that my daughter also 12 caused her to get run over and now are sueing for damages its crazy i know

Who is "they"? The girl's parents? Did they witness the accident?

ScottGem · Aug 22, 2008, 07:15 AM

You missed the point here. There is no way the police shouldn't have been called. If the girl was bought to a hospital (SOP for a broken leg), the police would have been called then. More likely they were called to the scene. So you NEED to contact your local police and get a copy of that report.

I suspect that either the driver was under insured or maybe it was a hit and run and without anyone else to sue, they are suing you. Again they can't sue your daughter she's a minor.

But you will need to get an attorney. Contact your home insurance carrier, you may be covered under that.

Also, what is this letter? Who is it from? Is it from an attorney? Is it a notice from a court? If you want our help you need to give us detailed info.

yorky2019 · Aug 22, 2008, 07:17 AM

OK thanks

froggy7 · Aug 22, 2008, 07:38 AM

Originally Posted by ScottGem

You need to get an attorney NOW. As a minor your daughter cannot be sued. But has her parents YOU can.

Minors can be sued. It's just really hard to get any money from them. But if a minor causes damages to someone, they can be taken to court and have a judgement entered against them. That judgement will then be able to follow them around with the hope that some time they will get a job and have assets that can be attached. Now, sometimes you can get the judgement against the minor child and the parents, which is what you want to do if you hope to get the money at any point in the near future. But to do that, the parent has to have some basis in the case, normally failure to adequately supervise or control the child.

JudyKayTee · Aug 22, 2008, 07:51 AM

Originally Posted by froggy7

Minors can be sued. It's just really hard to get any money from them. But if a minor causes damages to someone, they can be taken to court and have a judgement entered against them. That judgement will then be able to follow them around with the hope that some time they will get a job and have assets that can be attached. Now, sometimes you can get the judgement against the minor child and the parents, which is what you want to do if you hope to get the money at any point in the near future. But to do that, the parent has to have some basis in the case, normally failure to adequately supervise or control the child.

Absolutely agree with this - and the rules for responsibility (age) vary from State to State, country to country.

I don't understand why there's no Police Report.

I also can't figure out if the letter is from a law firm OR a private individual. In my area you don't get an "I'm going to sue you" letter. You get a letter that says to turn the matter over to your insurance company and if there is no response in X days you will be sued.

As far as proof that this did/didn't happen, it's a matter of testimony (who is believable), investigative results, witnesses (and the driver of the car would be a witness). I wonder if the driver of the car (or more likely his insurance company) is bringing the OP's daughter in as another Defendant.

And if the daughter was throwing water and the girl did step into the street I see the water-throwing daughter as the proximate cause of the accident.

But, again, it's a matter of proof.

Don't know where you are but I would consult with an Attorney and probably advise my insurance company, even though I'm pretty sure they will deny coverage.

What does the daughter say happened? She presumably was there and saw the accident.