In Jan 2005, there was a car accident. A minor passenger in the car was treated with costs at $1,000. Her mother accepted settlement on her behalf of $500.
Not another word has been heard from this passenger, until one day before the statue of limitations expired, the passenger now 19, filed suit against the driver.
Does she have a case?
Thanks
2007-01-19 23:22:31 · 7 answers · asked by Anonymous in Cars & Transportation ➔ Insurance & Registration
If her mother signed a 'RELEASE OF ALL CLAIMS,' then there is no case. If the mother DID NOT sign a release, she has a claim. Most likely, there's a minors compromise on this with the courts--if so, no case.
A minor, once reaching the age of 18, can file suit within 1-3 years, depending on your state....whether she has a case or not is something a judge will decide. But again, if a release was signed.....there would be a minors compromise on file with the courts.
2007-01-20 15:40:01 · answer #1 · answered by bundysmom 6 · 0⤊ 0⤋
NO NO NO NO NO NO. First of all, the parent of the minor child signed off on the settlement. She was stupid for doing that as $500 was not enough to pay the costs. Secondly, the statute of limitations has run out. The courts will tell her that she is wasting her time and the courts time. She needs to stop worrying about what she thinks that she will get and start concentrating on what she will make at work or what she will lose from not going to work.
2007-01-20 00:28:42 · answer #2 · answered by protruckdriver71 3 · 1⤊ 0⤋
No. They can not. The settlement that was signed.
Anyone has the right to bring a case forth into court, however, it wont stand because they signed off.
2007-01-19 23:34:00 · answer #3 · answered by butrucci 2 · 1⤊ 0⤋
Yes she does as the statute of limitations have not ran out. but the drivers liability is also still liable.
She can sue for personal injury, emotional destres and what ever else the lawyer can dream up, and beleive me when a gready, shyster get hold of a case someone's going to pay.
2007-01-19 23:28:56 · answer #4 · answered by Anonymous · 0⤊ 1⤋
No, not if a settlement was accepted by the parent. Accepting the settlement closed the case forever.
BTW, it's "statute" not "statue".
2007-01-20 01:10:18 · answer #5 · answered by Bostonian In MO 7 · 0⤊ 1⤋
If the insurance company handled this, refer the person to the insurance company, this is called milking.
2007-01-23 23:04:19 · answer #6 · answered by vbailey1310 1 · 0⤊ 0⤋
no
2007-01-20 00:51:51 · answer #7 · answered by booge 6 · 1⤊ 0⤋