My car was hit by an unregistered moped in Queens, NY being ridden by a 13 year old. I have damages to my car, captures everything on a back and front dash cam, a police report, but does he or his parents get away with nothing simply bc he’s a minor? My insurance may not cover all the repairs and there’s a $500 deductible! Meanwhile. He also hit the lady’s car next to us too! Luckily he walked away with minor injuries and was very lucky at the speed he was going. What made it worse is the mom came later screaming at him for taking the moped out and somehow made it our fault!
Location: Queens, NY
Comments
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The driver / his parents are liable for your losses. But since they’re not insured for this loss, getting paid may be a long, slow process. Hence you’re better off with a claim against your insurance.
Has the minor been charged with a crime? In that case your best path may be to speak with the victim advocate and make sure they know you’re out your deductible (what else might insurance not pay?) and that you’d like to be awarded that as restitution. If not you can sue him – though honestly it would take very little to convince me that was a waste of time and money.
Why is your insurance not covering the repairs?
Unless you can prove to the satisfaction of the court that the minor acted willfully or maliciously in causing the damage you are pretty much going to be SOL as far as suing the parents.
And unless the minor child has assets that you could attach if you sued them personally you are pretty much SOL there too.
Sorry to say that unless one of those conditions are met you are pretty much going to be out your deductible.