A week ago today may son, age 13, was hit by a large SUV (Suburban to be exact)...he's ok (THANK GOD!!!) except for some major road rash..bump on the head(he lost consiousness ), knee pain and hip pain. He was with a group of friends I don't particully like and one of the other kids threw a rock at a passing car. My son and the other kids got scared took off running. The man in the SUV saw all this and took chase on the kids...subsiquently hitting my son with his car. Now I'm not one who likes to sue...nor do I like it when hear how so many people are "sue happy", however, a lot of friends and family are telling me I should sue. My son was hurt and spent the day in the hospital...he still home in moderate pain still today. What do you guys think I should do?
2007-06-21 07:22:28 · 31 answers · asked by LILL 7 in Politics & Government ➔ Law & Ethics
Thank you all for your great answers...to clarify a few things. My son was not the one who threw the rock...and yes he is being punished by my husband and I for being with these kids and for being a part of the incident. Also..according to the drivers statement in the police report...his car was never hit with a rock...he was a witness to the rock throwing and made a huey to chase the kids down to yell at them....my son got hit during the chase.
2007-06-21 07:50:49 · update #1
You could always sue; however, your child was at cause here. An unsympathetic judge might give you nothing, and you will be left with lawyer bills. Also, it is going to be VERY hard to prove that a driver maliciously tried to mow down those kids.
A lot of answerers think that this is a win win case for you, but I think it may be hard to try for anything else but medical bills that weren't covered by insurance.
2007-06-21 07:34:17 · answer #1 · answered by Sara 3 · 0⤊ 3⤋
I too have a subburban, and if some punks threw rocks at it as I'm just driving by, someones getting an A** whoppin. He is lucky the owner didn't pull a gun or run him over. Here in Texas, people pack pistols and don't play! Today poeple are crazy! this is not the time or age to be doing this juevenile stuff.
Now, that being said, if you sue the owner, what would be the gain for the kid? You can vandalize someones car, they retaliate then you can sue them? Your son needs to get new friends and maybe sue only for medical bills. But he and his friends instegated the scenario, luckily the outcome wasn't too bad, maybe next time he might not be so lucky.
Sueing is a judgement call, but controling your boy is your job. Help him see the paths that are good for him. God bless and good luck.
2007-06-21 14:40:25 · answer #2 · answered by Nacho 2 · 1⤊ 1⤋
I would sue. I don't know if I'd keep the money (I'd think about donating it to charity or to a children's hospital or putting it in trust for my child), but I'd sue.
The kids behaved stupidly, and the police should have been called. With that said; he behaved in a manner that is reckless, dangerous, and idiotic...at best. He should feel the pain for what he did, even if it's just higher insurance premiums.
Also, remember that your son will quite possibly be afraid when crossing streets for some time now. Hopefully he'll also learn not to hang out with those kids, but that's separate from this idiot's behavior.
2007-06-21 14:55:04 · answer #3 · answered by Bartleby the Scrivener 2 · 0⤊ 0⤋
What came to my mind first was an episode of 'Cops' where the same thing happened. While the guy who hit the kid was understandably unhappy with the situation and took matters into his own hands, he was sighted by the police.
I'm not sue happy either, I would consider what punishment the SUV driver was served, (assuming he was at the least ticketed) and if nothing else would go directly to him if you were out any $, including deductables etc. I would think he would prefer giving you a specified amount of pain and suffering rather than going to court as well.
I would send him a professional letter stating your position and wishes, keep a copy for yourself, and send usps, return recept, so you have proof he recieved the letter, he'll have to sign for it.
Glad your son is ok overall, glad I don't have teenagers! :)
2007-06-21 14:36:44 · answer #4 · answered by Tbug 2 · 0⤊ 1⤋
You should make a claim against his insurance and have his insurance pay for your damages. If this claim is rejected, then you should sue. The major thing is that you are compensated for the medical bills that your incurred as a result of this incident. It really doesn't matter if this driver was chasing your child or not, he is still liable for the damages because he hit your son, a pedestrian, with his vehicle. I would avoid the "he chased my son" argument unless you can prove that this was the case.
The things you need to do right now.
Make sure you have a police report and the driver's insurance information. Collect all of your bills and start a claim against his insurance immediately. If his insurance denies your claim, pursue legal action against the driver.
2007-06-21 14:32:33 · answer #5 · answered by msi_cord 7 · 3⤊ 0⤋
Was he arrested? to use a car to hit someone on purpose is "assault wit a deadly weapon" and possibly he could face murder attempt charges too.
Find out if the man was charged. If no then file a police report for assault and murder attempt. The police HAVE to take your complain.
An accident is an accident but to aim a nd hit someone on purpose is another thing. Since he was provoked by your son's gang they will probably go easy on him but still he will have to take responsibility.
After the trial and the police report any sue will be a walk in the park (but don't get greedy, you will only get paid for medical bills and expenses since he got no permanent damage).
By the way teach your son to avoid those losers he call friends, if that SUV would have lost control and cause the death of someone (it had happen) then you would be facing a sue and your son criminal charges.
2007-06-21 14:41:21 · answer #6 · answered by ? 7 · 1⤊ 1⤋
The fact that the driver was neither cited nor arrested would indicate that a neutral third party (the police) determined it to have been an accident.
His insurance should pay for your kid's medical bills - and if the problems worsen in the future then it will still be handled by the insurance.
Otherwise - your son should regard this as a painful 'lesson learned.'
2007-06-21 14:57:12 · answer #7 · answered by MikeGolf 7 · 1⤊ 0⤋
I feel the same way you do about law suits, but this is a situation where you need to take the steps and sue the driver of the SUV. Even though the kids ran the driver of the SUV was enraged and hit your son causing him pain. Get a layer now and sue.
2007-06-21 14:33:53 · answer #8 · answered by Anonymous · 0⤊ 2⤋
I am also not one to sue for anything. In fact, I never have. However, what this driver did was malicious. You would need to be able to prove in court that your son did not throw the rock since the driver will of course try to use that. Will the boy that threw it own up to that? Even if he does it in no way justifies running someone over. I have 14 & 13 year old boys. They don't make good judgments alot at this age. I would talk to a lawyer though and get a professional opinion.
2007-06-21 14:28:21 · answer #9 · answered by momontheedge 4 · 1⤊ 3⤋
tricky .. dif. talk to a lawyer regarding this .. my thoughts tho - ur son was in the wrong .. even if he didnt throw the stone he is guilty by association .. an accessory if ya ask me .. however, regardless, that does not give anyone the right to use their 30000 pond vehicle as a weapon .. I say u have a case .. remember u are not suing the guy but his insurance company .. if u want to press charges than u would need to talk to the police to see where u stand .. this might not be a bad idea to build a stronger case .. but it looks like he could dif. get money for pain and suffering .. good luck
2007-06-21 14:35:03 · answer #10 · answered by KxFx 3 · 2⤊ 0⤋