Wait, what? I would totally demand my kid's friend's parent reimburse me $2,000 if that snot-nosed child destroyed my precious LCD TV. I wouldn't eat that cost myself.
I was not making this analogy to my situation, but making a more applicable analogy to what RocketsPimp was saying about playing Wii.
I gave this further thought. If the church was entrusted with the responsibility of your son, they should be liable. He's 14, not 18.
By the way, thanks to everyone for giving input. Much of it was very helpful. I expected more joking around then there was, but the jokes were funny too.
Commercial insurance agent here: The event was a church sponsored event. The OP's kid is a minor and is under supervision of the church at this sponsored event. The church is ultimately liable. Make a claim against the church's general liability insurance policy-and don't feel bad for doing it, it is what insurance is for. As an insurance agent for a church I have let the people that run the church know they are responsible for any sponsored events and to keep this in mind for any events they pursue. If it were my kid, I'd make sure that he did some work around the church to help pay back the deductible for being irresponsible as he is to blame as well- though as DD put it, not legally liable.
Where are the lawyers? As I understand it, damage caused by your kid is your responsibility. You will be liable should they sue. I only think this because of all the crap my dad had to pay for me. And I can tell you from working at golf courses, if a kid gets in a golf cart he will not drive responsibly. I couldn't count on both hands the kids I have seen fired for wrecking a cart and most of them were over 16. Hell, these days they learn to drive on Grand Theft Auto. (was typing when the post above was entered; will defer, if the church actually has insurance)
You're wrong. What makes this different is the fact that it is an event put on by the church. Liability falls to the sponsoring party. The church's commercial general liability policy will pay out on this. The homeowners personal liabiliy would not.
Well I said I defer, but I would like to hear a lawyers opinion on the Texas Parental Liability Act as to this case. Do you think the parent will not be a party to the lawsuit if the Church has no insurance? Sec. 41.001. Liability A parent or other person who has the duty of control and reasonable discipline of a child is liable for any property damage proximately caused by: (1) the negligent conduct of the child if the conduct is reasonably attributable to the negligent failure of the parent or other person to exercise that duty; or (2) the wilful and malicious conduct of a child who is at least 10 years of age but under 18 years of age. Sec. 41.002. Limit of Damages Recovery for damage caused by wilful and malicious conduct is limited to actual damages, not to exceed $25,000 per occurrence, plus court costs and reasonable attorney's fees.
^Being a responsible parents you still have to watch your kids at all time. It could turn out worst. What happen if he's doing 30 on 20 mph road. Those golf cart doesn't have air bags Spoiler
I think you should take it one step further and sue the car owner for having his car parked in way of your son's golf cart escapades. Tell the lawyer that your son has whiplash injuries and is hurt and can't work.
A stock golf cart will not exceed 15 mph. But a friend of mine was driving one in a SW Houston neighborhood and his wife fell out and died. He was almost prosecuted for criminal negligence because he was drinking but the prosecutor declined because of the post-mortem level of blood alcohol in the wife.
This wouldn't work. The only way to file under UMPD is if the at fault party is not covered by an insurance policy. If the parent has homeowner's insurance, then the child is covered.
Firecat, Several things here (I am a licensed insurance adjuster in TX btw): If the church owns the golf cart and if it is insured under a policy and IF the church (whether verbally or implied) gave consent to your child to use the golf cart, your child (no matter age) automatically becomes a "named insured" under the policy, even if it is only for the time he is using the golf cart. If this is indeed the case, the responsibility falls on the church and/or their insurance carrier. Now, if your child used the church's golf cart w/o anyone's permission, acting completely on his own, then the liability falls under you and/or your insurance carrier (assuming you have HO insurance). Neither of the aforementioned scenarios would be subject to a deductible, but either scenario would be subject to a potential rate increase based on the negligence. IMO, since there is a minor using a motorized vehicle involved (yes, a golf cart is considered a motorized vehicle), the rate increase could be significant, so it may be worth for either the church or yourself to pay out of pocket. Last, if the 2nd scenario is the case (where your child was not a permissive user) and you don't have HO insurance, then technically, you would be liable on your own to take care of the damage. I mentioned above that the only way for the owner of the vehicle to file for UIM would be if you don't have a HO policy (if the church is liable, then I am pretty sure they would have some sort of liability policy, so UIM is not applicable there). If it turns out your kid was not a permissive user and you don't have an HO policy (i.e. your child is "uninsured"), then that vehicle owner probably could file for UIM, subject to a $250 deductible (assuming this is in TX). You could then offer to pay the $250 to make things right. UIM claims are not normally subject to rate increase, so you should be in the clear there. Hope all that helps.
No, the church was in the care, custody, and control of the child. The church is the responsible party regardless if they have insurance or not. My guess (assuming they have insurance) is that there actually might not be any deductible for liability and if there is one, it is not more than 1,000. I'd still have the kid help around the church as this may affect the church's premiums the next policy years.
I adjust auto claims. I am licensed in TX for P&C and hold 3 professional designations across all lines, including commercial and worker's compensation.
