Some states allow you to sue a child for a car accident, while others do not. If you are involved in an auto crash in Michigan caused by a minor, consult with an attorney. Then, your Michigan car accident lawyer will discuss your legal options and help you figure out who to sue.
White Law PLLC offers top-notch legal representation. Our Michigan car accident attorney will walk you through the process of filing an auto crash lawsuit. To get started, reach out to us.
When You Can Sue a Child for a Car Accident in Michigan
Per Michigan Compiled Laws §750.136b, a child is defined as anyone under the age of 18 who has not been emancipated. In Michigan, a child can be a defendant in a criminal or civil case at age seven or older. For minors between ages seven and 18, a court will look at whether a child of the same age would be able to commit a car accident to determine if this individual can be held liable.
The intentionality of an auto crash caused by a minor will come into play in your lawsuit. For example, a 16-year-old may knowingly drive a car while under the influence of alcohol. If this minor crashes their car into your vehicle, you can sue them for damages.
In a car accident lawsuit, a minor may not have enough money to cover your losses. As such, the child’s parents will be held responsible. There is a cap of $2,500 for losses that parents will have to cover if their child willfully or maliciously injures someone or damages their property, according to Michigan Compiled Laws §600.2913.
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What Happens When You Sue a Minor for an Auto Accident in Michigan
You have a maximum of three years from the date of your auto crash and injury to sue for compensation, based on Michigan Compiled Laws §600.5805. This time frame applies to auto accident injuries caused by kids and adults. The window cannot be extended.
If a teenage driver is responsible for your auto collision, they could be charged with a misdemeanor. According to Michigan Compiled Laws §257.618, a motorist can receive a $100 fine or up to 90 days of imprisonment if they cause a crash and do not report it to the police. In some instances, motorists are both fined and imprisoned following accidents.
Do not let a minor off the hook for your auto accident, even if you have concerns about filing a lawsuit against them. White Law PLLC will help you submit a claim against anyone responsible for your auto crash. For more information, get in touch with us.
What to Do After an Auto Accident that Involves a Minor
You probably do not expect a minor to cause a car accident. If you are involved in an auto collision with a minor, take a deep breath, and try to stay calm, cool, and collected. Here are things you should do to get through the incident:
Call 911
Make sure you, the child who caused your accident, and anyone else involved is OK. Notify 911 and give the operator as much information as you can about the crash. Emergency responders will come to the accident scene to assist you.
Get Medical Care
Let medical personnel treat you and bring you to an emergency room as needed. It is possible that you suffered an auto accident injury with symptoms that will not show up for several days after your collision. By getting medical care, you are able to treat any accident injuries in their early stages.
Submit a No-Fault Benefits Claim
Protect your no-fault rights by filing a claim with your insurance company. Michigan has a no-fault insurance law that allows you to get compensation for your accident-related medical bills and lost wages if you suffer an injury that prevents you from working. You have up to one year from the date of your collision to request no-fault benefits.
Do Not Accept Responsibility for the Collision
If the child, their parents, or their parents’ insurance company contacts you after your crash, do not tell them anything. In all likelihood, these parties will try to get you to accept responsibility for the crash and make a statement to verify this. Do not make any statements, and instead, connect with a car accident attorney in Michigan who will speak on your behalf.
Get a Copy of Your Police Report
Contact your local police department to get a copy of the report for your accident. You can also request this report through the Michigan State Police Traffic Crash Purchasing System. This report includes information from the police collected at the accident scene.
Go to All of Your Medical Appointments
If your doctor orders physical therapy or other long-term medical services, go to every appointment. Keep track of your medical bills, too. This helps you build a body of evidence that will serve you well if you file a personal injury lawsuit.
Stay Off of Social Media
Do not post photos or videos relating to your crash on social media. If you do, you risk compromising your ability to get compensation for your accident and injuries. To keep family members and friends up to date about your crash and injuries, notify them directly.
We understand that you may be going through a difficult situation and we are ready to help however we can.
Connect with a Car Accident Lawyer in Michigan
Partner with an auto accident lawyer who has helped their clients achieve outstanding case results. Set up a date and time to discuss your accident with a lawyer and learn about their legal skills and experience. If a lawyer has what it takes to represent your best interests and protect your legal rights, hire this attorney, and they will help you get compensation.
Do not wait any longer to pursue damages in an auto crash lawsuit. The team at White Law PLLC is here to help you win or settle your auto collision claim. To schedule a free case consultation, contact us today.
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