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What If Mom’s At Fault? June 5, 2008

Posted by Attorney Jonathan Groth in FAQ Personal Injury.
Tags: , , , ,

I’ve had some questions recently about this particular situation.  Let’s say a mother (or father) is driving their kids to baseball practice.  If Mom (or Dad) forgets to stop at a stop sign and causes a motor vehicle collision what about the kids?  What rights do the kids have?  Well, if the parents have auto insurance the children have the right to compensation, under Wisconsin Law, from the at fault insurance company, i.e. their parent’s insurance.   In essence, the children would make a claim against their parents.  If Mom’s (or Dad’s) insurance isn’t reasonable and doesn’t follow Wisconsin Law then the children would have the right to sue their parents and the insurance company. 

Sound a little complex and confusing?  Not really.  Feel free to email me or call and I’ll be happy to explain it to you in more detail. 

If you are worried about actually suing a parent.  Remember that Wisconsin is a “direct action state” the kids would not have to name the parents in the lawsuit.  They would simply seek compensation from the insurance company.


Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Milwaukee, Racine, Kenosha and Wauwatosa.


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