Q: Was not at fault,other party on dirt bike,no injury.He only had a learners permit.No insurance.No tags.Should he pay?
Police report states the other party was at fault. The 15 years old claims the brake handle broke , and that is why he could not stop. I was on a main road and he come out of a state park when he went into the side of my car causing 3300 worth of damage. No help with my insurance due to only have state req. The others party's insurance is not willing to help. The mother of the boy claims her son was not negligent. She refuses to pay for the damages. Should she be responsible for the damages? The boy did get 2 tickets that day.
A:
It is not clear from your post whether the other driver was covered by insurance or not. But, if he was riding a dirt bike it's likely that he was not.
If the accident occurred because the brake handle broke, it is possible that the owner or operator of the bike was negligently maintained or operated the bike, or both. You could sue, but whether the parents were negligent under the circumstances would be another issue you would have to address.
A:
Potentially yes. Under Florida law parents have to sign a form related to the learner's permit and whether the child should be able to drive without adult supervision. There is many issues present in this situation. You need to consult with an attorney who understands accident cases to see what can be done. Typically I would suggest a personal injury attorney. however, a PI attorney will usually only get involved when there is injuries and the possibility of recovery from an insurance company. (Thus, you might have to pay an attorney to file a lawsuit which you might not want to do but this situation is way to complex to treat as a DIY project.
Good luck and hope this helps.
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