Q: Question about parents liability for their minor child in an auto accident...see below
(In California) I was injured when a 16 year old driver hit me on my motorcycle. Police report & she was clearly at fault. As a minor, she is on her parents insurance policy that only has a 50K limit for my medical. My medical exceeds that limit by twice that. CA vehicle code 17707 says her parents are liable. Can I sue her parents for additional medical bills and my lost wages for 7 weeks of work ?
A: Yes, you can. What makes you think that they can pay? Or that they won't file for bankruptcy if you pursue their personal funds? No one wants to chase a judgment for 10 years for some monthly payments. If you carried Underinsured Motorist insurance in excess of $50k, you can recover from that. Otherwise, unless these people are wealthy (and if they were they would have more than $50k in liabililty insurance), you are probably not going to get more than $50k.
The reality is not whether they are liable, but rather if they can pay.
Their ins co will not settle without full waiver.
If you are driving a motorcycle you need very high limits and UM/UIM and an umbrella policy.
Did you have that?
In my experience you should not drive a MC without High ins.
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