Sebastopol, CA Personal Injury Law Firms & Lawyers

If you provide the car, you can be liable under a law known as the Family Purpose Doctrine. You should buy insurance accordingly. Even if the insurance is in your son's name, it will cover both our liability and your son's. When I say buy insurance accordingly, I mean buy what you think is adequate to cover whatever risk you think needs to be covered. Presumably, whatever liability coverage you have for your car would be appropriate, unless you think you are underinsured, or if you think your son is a much higher risk. However, the later concern might be an illusion. None of us are perfect, and although he might be more likely to get in an accident, there is always a chance you will too. It's kind of like lightening. You don't know where it will strike. Assume what will happen if either of you cause catastrophic damage, balance that with what you can afford, and insure yourself accordingly.

You are better off filing a small claims action that will get you a hearing faster and won't cost you as much in time or stress. The jurisdiction in small claims is $10,000 and even if a jury were to find fast food chain was negligent, which is not a slam dunk, however, even assuming they do they are not going to award much in the way of damages. If they like you could be as much as $2,500 if you testify that you suffered a large degree of emotional distress, which the jury finds is reasonable, or $1 is they think you are being a whiner. Small claims will cost you $50 to file and will typically get hearing date within 60-75 days depending on where you live and what jurisdiction you live in.

I presume that the fly was not intentionally put in your drink. It seems to have been in a batch that got mixed (hence the guts out) and then put into your cup. Your chances of illness are minuscule as you confirm by not getting medical care. This is a case of a defective product wrongfully provided to you which gave you emotional distress. Make an offer and litigate in Small Claims Court if you don't settle.