Q: What does a plaintiff have to prove tosue a parent for allowing their child to use a car which resulted in an accident?
Accident was a fender-bender, but insurance company has not settled claim. Law suit was filed 2 weeks short of 3 year limitation. Medical claims in excess of $50k and punitive damages exceed the $100k insurance coverage. What is the potential risk? Should we hire another attorney?
A:
By another attorney do you mean additional?
Also, is this a Maryland claim? It is very rare to seek punitive damages in a Maryland auto accident claim, but that may derive from facts not apparent in the question. If there is an extreme degree of negligence on the part of the parent, i.e specifically allowing an unlicensed minor child to drive the vehicle, then it is possible to pursue a punitive claim. There are a few other reasons, but I won't dig into the facts of the case. I think if your lawyer has filed the case, and they regularly file suit and try these types of cases, then you are probably in good hands.
There is little benefit to hiring an additional lawyer, and if the case has been filed it would be difficult to find a lawyer who wants to take over a case midway through the litigation process.
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