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  1. #1
    Join Date
    Feb 2012
    Location
    texas
    Posts
    10

    Default Parents Took Savings from Past Work to Pay For Car Accident Damage

    My question involves employment and labor law for the state of: Texas

    Hello all,
    I'm 18, worked for my parents at their diner from 8/10-1/13,
    They paid me under the table from the start, and I saved 80% every time I was paid.
    So I moved out in June, and not long after I totaled my car {which I had paid off myself, as well as the insurance}
    When I turned 18 I asked my mother about switching the savings account to checking and she claimed the 7000+ that I had saved all went towards the wreck, because their insurance rates went up.
    It doesnt sound right to me, but I have no proof that I was paid for my services. The account was in mine and my mothers name. Is there anything I can do about this?
    Ive been left with nothing to fall back on, and just a fraction of what I had saved would help me greatly.

    Also: The other car involved barely had a scratch, they changed their tire and drove away fine

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Parents Took Savings from Past Work to Pay For Car Accident Damage

    I presume you were on their policy and all this (work, accident) occurred before you turned 18. Unfortunately, their rates very much went up (in fact they were probably paying more for having you on the policy over and above what the line item for your car was). If the other driver submitted ANY claim, it matters not what the magnitude is (and in fact, "barely a scratch" an still be $1000 worth of body work).

    As a minor, all the stuff is your parents (wages, ownership of the vehicle, etc.). You can try negotiating a more equitable settlement if they are being unfair but there is NOT LEGAL BASIS FOR YOU TO GET ANYTHING.

  3. #3
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Parents Took Savings from Past Work to Pay For Car Accident Damage

    Further, if you were 18 at the time, do you really want to file a legal claim claiming you committed state and federal tax fraud?

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Parents Took Savings from Past Work to Pay For Car Accident Damage

    Quote Quoting Disagreeable
    View Post
    Further, if you were 18 at the time, do you really want to file a legal claim claiming you committed state and federal tax fraud?
    Do we have it in evidence that he was 18 at the time?

  5. #5
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Parents Took Savings from Past Work to Pay For Car Accident Damage

    The account was in mine and my mothers name. Is there anything I can do about this?
    Nope. If she was an owner of the account, the money is considered hers as well.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Parents Took Savings from Past Work to Pay For Car Accident Damage

    Did you earn all of this money before you turned 18?
    Quote Quoting Texas Family Code, Sec. 151.001.Rights and Duties of Parent.
    (a) A parent of a child has the following rights and duties:

    * * *
    (5) except as provided by Section 264.0111 [children with a managing conservator], the right to the services and earnings of the child;
    * * *

  7. #7
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Parents Took Savings from Past Work to Pay For Car Accident Damage

    Did you notice the word "if"? Ron approached it from one point and I the other. No more coffee for you today.

    Quote Quoting llworking
    View Post
    Do we have it in evidence that he was 18 at the time?

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