What should I do if any minor faces damage claim?
My teenage son, aged 16, was driving a 4-wheeler and was involved in a minor accident. His car touched a biker who was riding pillion with his wife and 7-year-old son on an Activa. They fell down and sustained minor injuries. I got them admitted to the hospital, where the wife and son were discharged the same day, but the rider sustained a fracture and had to undergo an operation. However, he too was discharged in a few days. The rider and his family are now fine, but they have filed a case against my son and are claiming 1 lakh as damages. What should I do?
Since your minor son was driving without a license, this constitutes an illegal act, and you as a parent could be held liable for negligence in allowing an underage person to drive - this could lead to both criminal charges and civil liability for damages. The best course of action would be to engage a lawyer immediately and try to reach an out-of-court settlement with the affected family, as going to court might result in more severe consequences including potential action under the Motor Vehicles Act and Juvenile Justice Act, plus higher compensation amounts and legal fees.
Sir, firstly you should try to resolve the matter in an amicable way and as they are demanding 1 lakh as damages so you may consult an expert lawyer who will assist you to have a negotiation by settling the matter outside the court. For further legal assistance contact us on our helpline number.
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