Posted: Thu Jun 26, 2008 6:22 pm Post subject: car accident injury minor DUI
we are now at the stages of the juvinile court for restitution. My policy limits did not cover all of the losses for the person my son hit although my insurance company paid out $19,000 and he is claiming about $35,000 total (for car and storage fees). His car damage was $22,000 and my insurance paid out $10,000 for the car and the other $9,000 for missed work and medical. So he is short $12,000 for the damage to his truck and about $3,000 for storage fees. The guy my son hit has NO auto insuarance! Driving a brand new truck with no insurance. Anway i am wondering if this guy, even thoug he signed release forms from my insurance company, can he get a judgment to garnish my wages if the juvinile court orders $12,000 or more in restitution and my son was a minor at the time of the accident? How hard is it for him to get a judgment? _________________ Register Now to have your Insurance queries solved.
If he signed a release, it has your son's name and probably your name on it. At that point he is legally bound by the release and _cannot_ collect anything more from you. There are several different releases but I'm betting he either signed an All Claims release or one for the property damage and another for his injuries.
Why are you "at the stages of the juvenile court"?
Anway i am wondering if this guy, even thoug he signed release forms from my insurance company, can he get a judgment to garnish my wages if the juvinile court orders $12,000 or more in restitution and my son was a minor at the time of the accident?
Nope! but make sure that he signs the release form for all the liabilities, including the general release letter for personal injuries.
Quote:
The guy my son hit has NO auto insuarance! Driving a brand new truck with no insurance.
That is indeed wrong, but I don't think that justifies your action of letting a minor drive the car and commit accident. I could be much worse if its not enough already. _________________ Register Now to have your Insurance queries solved.
