allison443
DIS Veteran
- Joined
- Mar 13, 2002
It's usually not the parents that sue, but their insurance company. I have a friend who accidently blinded another child with a bb gun, and the parents of the child assured them that they understood it was an accident, and would not sue. However, their insurance company sued my friend's insurance company for the money.
The child's insurance company sued for reimbursement of medical/hospital expenses. The child/his parents may also have had a claim for pain and suffering, loss of sight, etc. That is separate and if they choose not to pursue that, it is their choice. Believe me, from an economic point of view, the homeowner's insurance company would rather pay the medical costs than pay the value of loss of sight in a young child. That is a serious situation.
Also saying "we won't sue, because it was an accident" is fine. However "an accident" just means you didn't intend for something to happen. It could still have been caused because you were negligent. Not saying that was the case in your friend's situation.
In fact that is the whole point of having liability insurance-to cover damages that you cause by your negligence. They normally don't cover intentional acts such as an assault, etc.