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  1. #1
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    Sep 2012
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    Default Skateboarder Hit by a Car, Insurance Company Denies Liability

    My question involves an injury that occurred in the state of: Last week my 17 year old son was riding his skateboard to his dad's house and was struck by a vehicle. The man driving the vehicle had turned the corner and hit my son head on where my son had went through the left hand side of his windshield. By the grace of God he is fine. He was transported to the ER where he was released after many hours. Now I have received a call by his automobile insurance company and they are stating it was my sons fault. What do I do.

  2. #2
    Join Date
    Jan 2006
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    20,673

    Default Re: My Son Was Hit by a Car Now Insurance Company is Saying It Was His Fault

    Quote Quoting partee082
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    My question involves an injury that occurred in the state of: Last week my 17 year old son was riding his skateboard to his dad's house and was struck by a vehicle. The man driving the vehicle had turned the corner and hit my son head on where my son had went through the left hand side of his windshield. By the grace of God he is fine. He was transported to the ER where he was released after many hours. Now I have received a call by his automobile insurance company and they are stating it was my sons fault. What do I do.
    I believe you were asked the name of your state.


    do you have reason to believe it wasn't your son's fault?
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  3. #3
    Join Date
    Jan 2010
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    North East
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    Default Re: Skateboarder Hit by a Car, Insurance Company Denies Liability

    Quote Quoting partee082
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    Now I have received a call by his automobile insurance company and they are stating it was my sons fault. What do I do.
    You pay for the mans windshield (if your son is at fault).
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

  4. #4
    Join Date
    Sep 2012
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    Default Re: My Son Was Hit by a Car Now Insurance Company is Saying It Was His Fault

    Colorado then we found out they gave my son a bogus citation

  5. #5
    Join Date
    Jan 2006
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    20,673

    Default Re: My Son Was Hit by a Car Now Insurance Company is Saying It Was His Fault

    seriously, if you really want some direction here, you are going to have to give more information than that. From your original description, I would think a citation of some sort to your son would be warranted. He was obviously in a road where he had no legal right to be and that appears to be the main cause of the accident.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    12,138

    Default Re: My Son Was Hit by a Car Now Insurance Company is Saying It Was His Fault

    Quote Quoting partee082
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    Colorado then we found out they gave my son a bogus citation
    What do you mean by the term "bogus citation"? Was it faulty in some way? Or do you simply believe that your son should not have been cited and because he was, then the whole thing was "bogus?"

    My guess is that the investigating officer determined that your son was the cause of the collision likely as a result of his zipping into the street off of a curb without pausing, or, perhaps skating on the street where he shouldn't have been, or some other factor that gave rise to the conclusion that your son caused the collision. (A more complete description or diagram would be helpful ...)

    Was your son injured? Were his injuries covered by your medical insurance? If so, then your insurer can try to sue the driver if they feel they can prevail in such a lawsuit. If you feel there are other damages your son has accrued you can consult a personal injury attorney and see if he or she is willing to take the case on. Be forewarned, if you are asked to pay up front then the case may not be as strong as you'd like and you run the risk of paying a few thousand dollars for no return at the other end. Be sure there are damages, and be sure that your son was clearly the victim here ... unfortunately, if the police concluded he was at fault, you might have a hard time proving otherwise without the assistance of a very expensive expert in reconstruction who also believes your son was a victim.

    I hope your son has recovered and will ride more responsibly and with due care for less observant drivers in the future.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

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