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In Georgia, When a Parent Causes a Car Accident Can the Child Make a Claim Against Them For Injury?

If the child is an unemancipated minor, no. In plain English. If you are a minor neither you nor your other parent on your behalf can make an injury claim against the other parent if you get hurt in a car accident in Georgia. Mohorn v. Ross 205 Ga. App. 442 (1992)

The legislature in Georgia values family unity over many other concerns and it is the law of the State that the parent has immunity from lawsuits by a minor child. That changes if the child is an adult by the time they file suit, however. Arnold v. Arnold, 189 Ga.App. 101, 103.

The idea here is that we do not want kids suing their parents and destroying the family unit. The downside is that even if it is just a claim against the parents’ insurance policy, it won’t fly. The only real option is to wait until the child is 18 and then file the claim.

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visit us 2860 Piedmont Rd NE #210
Atlanta, GA 30305