How old was the kid?

 

his mom just called from the DR office and said hes spitting up blood and wanted to know if our insurance was covering it..
we called the insurance co and she said based on what we said and what we told her the cops said they probably wouldn't cover it

in the mean time, mels friend who works at the dr office that the kid is at called and said that the kid WAS NOT spitting up blood and the mom told her that he did "once or twice..." our insurance company should be calling her now and we're about to go pick up the report and bring it to a lawyer...

so much for family ties

 

10, old enough to know not to go into the street without looking :happysad:

 

see above

 

did he have a helmet on? Is there a helmet law in your state?

The parents may be held at fault...

 

Yea. Sounds like your in a shitty predicament. If the kid has no insurance, i bet his family will do everyting possible to see that you or your insurance pays.

 

In an effort not to drag anymore people into this mess, especially if attorneys are brought in, make sure that you are careful what you say her friend at the Dr.'s office told you - there are strict patient confidentiality laws and anyone in a Dr's office needs to comply with them - in other words, it is great that you have an "in" at the Dr's office so you can get the truth, but if you don't want to get her (Mel's friend), you might not want to single her out, or give her, unless you have to........you know what I am saying? Simply put, she isn't supposed to give any patient information to anyone but immediate family.

Best of luck! You truly are in a no win situation.......

 

:werd:

Bikes in CA are considered as vehicles once you enter that roadway. If they run stop signs/lights, they can get tickets just like cars. They can even get DUI's for being on bikes, and the state will still take the person's drivers license.

As for your situation, I don't see how they can win a court case. All you would have to do is get a copy of the police report and show it to the judge. The end. The lawsuit would get thrown out in a heartbeat. You have witness statements, and a professional opinion from the officer stating fault in the accident. It's not your fault they don't have insurance for their child...that's their responsibility. Just because they don't have insurance doesn't give them grounds to sue you over something that was not your fault. Good luck mang.

 

My brother went through a similiar thing here in NY.
He was riding his motorcycle down the street when a kid jumped out in the street.

The blame was put on the child etc... but, insurance still paid them.

 

Not necessarily. All the kid has to do is present a different version of the story and then have an accident reconstructionist agree with his story and present his expert opinion and then there is a material issue of fact to be decided by a jury. This precludes summary judgment unless the alternate theory is wrong as a matter of law as well.

A good plaintiff's attorney could probably keep this going.