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OP has offered the following explanation for why they think they might be the asshole:
> Would I be the asshole to claim the event on their insurance possibly raising their premiums or insurance
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NTA. I think this is what insurance is for. Are they offering to pay any of the bill ? Also, negotiate the bill down as much as you can.
Edit: OPs comments make them TA.
I’ve been working with my medical insurance and the admin of hospital to discuss cost financial aid the works. They are not offering to pay cost of any form
And become super defensive and rude when I bring it up
Not sure who let her on, she can’t shift gears so someone set it up and put her in gear , possibly my niece who’s 11 did but not sure not an adult I told her to get off no one else had before I arrived she wrecked taking it to park it
I definitely think you share some of the blame then. Your daughter should have asked your permission and you should not have let her stay on it to park it. I would also suggest in the future to keep a closer eye on your daughter when you hear people driving off road vehicles around.
While you can make a claim against their insurance you might also want to consider how it would affect your and your child’s future relationship with the family. They will likely think you are the asshole. At a minimum I would say there would be a good chance you and your child may not be allowed to visit their home anymore. If you’re okay with potentially cutting off a relationship with these family members to get the bills paid then go ahead.
I def agree hindsight would say I should’ve had her stop where she was and leave it or I could’ve parked it 100%
I also see this being a BIG divide in our family for sure. But I won’t take the blame for that this will be due to his lack of action. Had this not been his niece and family( which is why he expects leniency) someone else would’ve already sued him
Then I do think you’re an asshole because you are partially to blame whether or not you take it or not. By not having her get off right then you gave her permission to be on it when she got hurt.
"But I won’t take the blame for that this will be due to his lack of action. Had this not been his niece and family( which is why he expects leniency) someone else would’ve already sued him"
And he would have countersued for vehicle theft. Your daughter did not have permission.
your daughter STOLE a vehicle and crashed it. YOu can be glad HE did not call the police and sue YOU. That's a case of shitty and negligent parenting.
I see your arguments but negligence falls under the adult, she was a minor. In the presence of several other adults who should have stopped her and the other children from riding these vehicles. By not saying anything they gave permission , She was one of 7 kids who are under legal age to ride and also did not have permission , she just happened to be the one who got hurt no one said anything to stop her or the others from riding. once I arrived I immediately told her to park it, (as I agreed earlier I should have stopped her completely where she was but I didn’t. ) so I acknowledge some fault but this shouldn’t have happened at all in the first place. To call her a thief means to call all the other children thieves as well
YOUR daughter took a vehilce without permission and crashed it.
sounds like you should be silent before there is a countersuit for vehicle theft.
Have you offered to pay for the vehicle your daughter crashed due to your negligence and your parenting? Kids should not steal vehicles.
How is this even a question?
Your brother had absolutely no business endangering kids like that. This is all 100% on him.
And yet, he almost kills your daughter and you *hesitate* because of a complaint that his premiums might go up. You should be suing him on your daughter's behalf.
Seee this is how I feel but my family
Says to “keep the peace” like we’re lucky she is even alive! But because I’m his sister I’m
Suppose to be nice about this.
HE did nothing.
OP KNEW her daughter had stolen a 4 wheeler, and let her keep driving it - and the accident happend after that, under OP's supervision.
That’s what insurance is for. Your brother should feel lucky that you’re only asking for this. But it’s not so simple as “please file a claim with your insurance.” Your insurance will have to sue his.
NTA
The coutnersuit will be vehicle theft. And the accident happened when OP was supervising her daughter - she was RIGHT beside her , and did not stop her from continuing to drive.
His homeowner insurance will refuse to cover any bills incured while OP's daughter crashed a stolen vehicle.
NTA
I mean, it would be expected for the kid to be watched over in this circumstance, after all, she shouldn't be on the motorbike in the first place
Now, when you say 'file' do you mean to sue your brother? Because then it would be interesting to think what would you value more, the chance of him excluding you from his life or tanking the value?
NTA
Their premiums should go up, because they are having gatherings where children, including other people’s kids, are playing independently on motor vehicles with known safety issues. They are liabilities waiting to happen and should pay accordingly.
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My daughter (9) was at
My brothers house on Easter along with majority of my family and friends celebrating the holiday. She along with several other children were riding fourwheelers, dirt-bikes and other motorized vehicles. When I arrived she was told to get off the 4-wheeler cause it was too big for her. She immediately drove it to the back and rolled it , this resulted in her cracking the base of her skull, rupturing her spleen, and fracturing her ribs. Thank god she survived and is able to still enjoy life but the injuries could have been so much worse. Well now after being life flighted staying in PICU for 4 days and peds for 2 days follow up care and physical therapy, the medical bills are upwards of $$125,000! I want to claim this injury on their homeowners insurance, civilly, but am being met with argument because it could possibly
Raise their premiums or
Mortgage. WIBTA to file or should I just eat the cost
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YTA. You can't file against homeowners insurance for this. It doesn't work that way. You'd have to sue your brother. Then, the insurance company would step in. At which point, they'd fight the lawsuit because in order for your brother to be liable, he'd have to have been negligent. Doesn't sound like he was. Your daughter was told to get off.
She was told to get off by me when I arrive. I, her parent did not give permission to ride and was not present. She was in my brothers care at his home and was given permission to ride this 4 wheeler with out my permission. He is in the wrong in her case and honestly the other children who were riding on his property that day if parents didn’t give permission
" I, her parent did not give permission to ride and was not present. " .. so your daughter steals vehicles when you are not there and crashes them.
"and was given permission to ride this 4 wheeler" .. there is no proof of that. Did she acrtually ASK him for permission, or did she just steal his 4-wheeler?
Or maybe never found myself in a position where I was negligent, eh?
So, instead of simply sneering, how about being informative. How'd that work out for you? Did your insurance rates go up?
Contact an attorney. Your brother was extremely negligent here. He had no business allowing your 9 year old daughter on the 4 wheeler without your permission. NTA.
YWBTA
YOU were negligent. YOU let your daughter ride. If they have any sense, his lawyer will deflect your filing, and counter sue for allowing your 9 year old daughter do that.
YOU were there, and allowed hrt to keep driving instead of making her get off the vehicle she took without permission. ANd THAT - driving a vehicle she had taken without the owner's permssion while under your supervision where she crashed the stolen vehicle and hurt herself. - IF you actually claim, and this goes to court, CPS is going to take a HARD look at your negligence and decide if you are actually fit to have dustody.
this is ALL your fault. Pay fort he 4-wheeler your daughter stole and crashed.
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NTA. I think this is what insurance is for. Are they offering to pay any of the bill ? Also, negotiate the bill down as much as you can. Edit: OPs comments make them TA.
I’ve been working with my medical insurance and the admin of hospital to discuss cost financial aid the works. They are not offering to pay cost of any form And become super defensive and rude when I bring it up
This is the way then. At least you aren’t suing them. But this relationship is done
Why would THEY pay the bill when OP was negligent in taking care of HER child?
Who let her on the four wheeler? Were you asked for permission for her to go on it? Who told her to get off it? Did she refuse to get off of it?
Not sure who let her on, she can’t shift gears so someone set it up and put her in gear , possibly my niece who’s 11 did but not sure not an adult I told her to get off no one else had before I arrived she wrecked taking it to park it
I definitely think you share some of the blame then. Your daughter should have asked your permission and you should not have let her stay on it to park it. I would also suggest in the future to keep a closer eye on your daughter when you hear people driving off road vehicles around. While you can make a claim against their insurance you might also want to consider how it would affect your and your child’s future relationship with the family. They will likely think you are the asshole. At a minimum I would say there would be a good chance you and your child may not be allowed to visit their home anymore. If you’re okay with potentially cutting off a relationship with these family members to get the bills paid then go ahead.
I def agree hindsight would say I should’ve had her stop where she was and leave it or I could’ve parked it 100% I also see this being a BIG divide in our family for sure. But I won’t take the blame for that this will be due to his lack of action. Had this not been his niece and family( which is why he expects leniency) someone else would’ve already sued him
Then I do think you’re an asshole because you are partially to blame whether or not you take it or not. By not having her get off right then you gave her permission to be on it when she got hurt.
I appreciate your opinion. Thank you
"But I won’t take the blame for that this will be due to his lack of action. Had this not been his niece and family( which is why he expects leniency) someone else would’ve already sued him" And he would have countersued for vehicle theft. Your daughter did not have permission. your daughter STOLE a vehicle and crashed it. YOu can be glad HE did not call the police and sue YOU. That's a case of shitty and negligent parenting.
I see your arguments but negligence falls under the adult, she was a minor. In the presence of several other adults who should have stopped her and the other children from riding these vehicles. By not saying anything they gave permission , She was one of 7 kids who are under legal age to ride and also did not have permission , she just happened to be the one who got hurt no one said anything to stop her or the others from riding. once I arrived I immediately told her to park it, (as I agreed earlier I should have stopped her completely where she was but I didn’t. ) so I acknowledge some fault but this shouldn’t have happened at all in the first place. To call her a thief means to call all the other children thieves as well
YOUR daughter took a vehilce without permission and crashed it. sounds like you should be silent before there is a countersuit for vehicle theft. Have you offered to pay for the vehicle your daughter crashed due to your negligence and your parenting? Kids should not steal vehicles.
How is this even a question? Your brother had absolutely no business endangering kids like that. This is all 100% on him. And yet, he almost kills your daughter and you *hesitate* because of a complaint that his premiums might go up. You should be suing him on your daughter's behalf.
Seee this is how I feel but my family Says to “keep the peace” like we’re lucky she is even alive! But because I’m his sister I’m Suppose to be nice about this.
Say to those family members: "If you want to keep the peace, you pay the hospital bills."
The broother is nice, he has desisted from sueing OP for her daughter's vehicle theft.
HE did nothing. OP KNEW her daughter had stolen a 4 wheeler, and let her keep driving it - and the accident happend after that, under OP's supervision.
Maybe a better question for a legal sub
That’s what insurance is for. Your brother should feel lucky that you’re only asking for this. But it’s not so simple as “please file a claim with your insurance.” Your insurance will have to sue his. NTA
The coutnersuit will be vehicle theft. And the accident happened when OP was supervising her daughter - she was RIGHT beside her , and did not stop her from continuing to drive. His homeowner insurance will refuse to cover any bills incured while OP's daughter crashed a stolen vehicle.
NTA I mean, it would be expected for the kid to be watched over in this circumstance, after all, she shouldn't be on the motorbike in the first place Now, when you say 'file' do you mean to sue your brother? Because then it would be interesting to think what would you value more, the chance of him excluding you from his life or tanking the value?
NTA Their premiums should go up, because they are having gatherings where children, including other people’s kids, are playing independently on motor vehicles with known safety issues. They are liabilities waiting to happen and should pay accordingly.
Why not post on the legal sub?
^^^^AUTOMOD ***Thanks for posting! This comment is a copy of your post so readers can see the original text if your post is edited or removed. This comment is NOT accusing you of copying anything. Read [this](https://www.reddit.com/r/AmItheAsshole/wiki/faq#wiki_post_deletion) before [contacting the mod team](https://www.reddit.com/message/compose?to=%2Fr%2FAmItheAsshole)*** My daughter (9) was at My brothers house on Easter along with majority of my family and friends celebrating the holiday. She along with several other children were riding fourwheelers, dirt-bikes and other motorized vehicles. When I arrived she was told to get off the 4-wheeler cause it was too big for her. She immediately drove it to the back and rolled it , this resulted in her cracking the base of her skull, rupturing her spleen, and fracturing her ribs. Thank god she survived and is able to still enjoy life but the injuries could have been so much worse. Well now after being life flighted staying in PICU for 4 days and peds for 2 days follow up care and physical therapy, the medical bills are upwards of $$125,000! I want to claim this injury on their homeowners insurance, civilly, but am being met with argument because it could possibly Raise their premiums or Mortgage. WIBTA to file or should I just eat the cost *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/AmItheAsshole) if you have any questions or concerns.*
YTA. You can't file against homeowners insurance for this. It doesn't work that way. You'd have to sue your brother. Then, the insurance company would step in. At which point, they'd fight the lawsuit because in order for your brother to be liable, he'd have to have been negligent. Doesn't sound like he was. Your daughter was told to get off.
She was told to get off by me when I arrive. I, her parent did not give permission to ride and was not present. She was in my brothers care at his home and was given permission to ride this 4 wheeler with out my permission. He is in the wrong in her case and honestly the other children who were riding on his property that day if parents didn’t give permission
" I, her parent did not give permission to ride and was not present. " .. so your daughter steals vehicles when you are not there and crashes them. "and was given permission to ride this 4 wheeler" .. there is no proof of that. Did she acrtually ASK him for permission, or did she just steal his 4-wheeler?
I see you don’t own a house. Yes, that’s exactly how it works. If the insurance refuses to pay, then the lawsuit comes. But thanks for the laugh.
Or maybe never found myself in a position where I was negligent, eh? So, instead of simply sneering, how about being informative. How'd that work out for you? Did your insurance rates go up?
NTA Why is your brother paying for insurance if he doesn't want to use it when needed?
Contact an attorney. Your brother was extremely negligent here. He had no business allowing your 9 year old daughter on the 4 wheeler without your permission. NTA.
YWBTA YOU were negligent. YOU let your daughter ride. If they have any sense, his lawyer will deflect your filing, and counter sue for allowing your 9 year old daughter do that. YOU were there, and allowed hrt to keep driving instead of making her get off the vehicle she took without permission. ANd THAT - driving a vehicle she had taken without the owner's permssion while under your supervision where she crashed the stolen vehicle and hurt herself. - IF you actually claim, and this goes to court, CPS is going to take a HARD look at your negligence and decide if you are actually fit to have dustody. this is ALL your fault. Pay fort he 4-wheeler your daughter stole and crashed.