Expert: Doctor Settlement - 7/20/2007

Question
While out walking, my 5 year old daughter *APPARENTLY* threw a small stick
(approxamately 1/2 inch diameter, 15 inches long) into the road. A driver
drove over the stick, then immediately pulled over and claimed it had
damaged her car, pointing out a small hole on the front left side, and some
scratches on the right side fender. The driver claims that our insurance
company should pay to have all this damage fixed. I have no proof that my
daughter threw the stick, and serious doubts that it caused the specified
damage, although the other driver claims to have seen her throw it.  As
neither me or my daughter were in a car, is our insurance responsible for
this? We live in California.

Answer
Hi Tom,

Tell them to stuff it.  No small stick could cause a hole or even scratches if thrown by a five year old.

Next, unless you were somehow coaching her to do this or you were otherwise negligent, your liability is limited by statute to her actions that are "willful", not negligent.

She is too young to form the necessary intent for such an intentional tort.  

Your auto insurance has nothing to do with this, and do not tell them.  It is your home owners insurance or your renters insurance that will cover acts of negligence, but not willful torts.

Best wishes,

Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com