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Who is at fault if a kid runs into your car while you are moving and damages your car on the driver's side wheel well and he is hurt and has to go to the hospital?
Wiki User
∙ 7y ago
This is a gray situation with many variables.
- If you were moving in traffic and were following all laws, you cannot be charged for causing the accident;
- If you were moving in traffic and were NOT following all laws, you CAN be charged for causing the accident;
- If you were moving in traffic and were NOT following all laws, you CAN be charged for causing the accident AND be held responsible for ambulance, ER, hospital, and any other costs, PLUS your own car;
- If a child is a minor under age 12 years old, and you were following traffic laws, the law can be gray at best. Even if the child did wrong, there was no intent to do it. So then, no one is held "responsible".
- If a child is a minor under age 12 years old, and you were NOT following traffic laws AND even if the child did wrong, you could be held responsible;
- If a child is a teenager, it can get even more muddled. IF he ran into you, you could bring action in Small Claims Court against the teen AND parents, for neglecting to manage their child. You need to have not done anything wrong.
The best decision is to:
- File a Police Report;
- Notify your insurance company;
- Use Small Claims Court if you did not do anything legally wrong, especially if the Police Report supports your story.
NOTE: I am not a lawyer and this is not legal advice.
Wiki User
∙ 7y ago
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If you are uninsured and get hit by a drunk driver do you have to pay for his vehicle repairs in Washington state?
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