Christmas Eve Collision: Would You Have a Claim If You Got Into An Accident With Santa Claus?

Joey: 106.7 WIZN. It’s Aerosmith, “Dream On.” Heard the Eagles, “One of These Nights,” before that. I’m Joe Vega here with you on your Christmas Eve edition of the rocking ride home. We have Ben Barry on the phone right now from Martin Harding & Mazzotti. Hello Ben.

Ben: Joe, how are you?

Joey: I’m good. I have a very serious legal question for you right now. What happens if, let’s say, at some point tonight I’m driving home and I get into an accident with Santa Claus out delivering the presents, you know, what kind of claim do I have against Old Saint Nick?

Ben: That’s a good question. I would need to know a little bit more information about the accident but assuming that Santa Claus…

Joey: Let’s say he just cut right in front of me, you know, landed out in the interstate, cut me off, and then I ran off the road.

Ben: Got it. So Santa Claus is at fault and so you do have a claim against Santa Clause hypothetically, and you could potentially sue Santa Claus for personal injury if you had it, and property damage if you had that as well. One of the difficult parts in all of this is that, for example, if Santa Claus returns to the North Pole while you’re recovering in the hospital and then you call an attorney it would probably be very difficult to have a proper claim against Santa Claus because any time you begin a formal legal proceeding you have to serve the individual or corporate form that you are suing. And I think it would be very difficult once you filed a claim in court, Joey Vega versus Santa Claus, Old Saint Nick, and other names he’s known by, once that document’s been filed with the court, you actually have to find someone who could deliver it to Santa Claus or to somebody who would be someone of the proper age in the same abode that lives with Santa Claus that could accept that summons complaint. I think having that served at the North Pole and finding where Santa Claus actually resides would be very difficult, and so you may have a claim but I think it’d be very difficult to prosecute that claim.

Joey: So that’s interesting. Extradition hard to do from the North Pole kind of like Brazil.

Ben: Yeah, basically yeah, it’d be very difficult to do.

Joey: All right. Ben Barry from Martin Harding & Mazotti. Hey Ben no, the real reason I’m calling you of course is to wish you Merry Christmas buddy.

Ben: Merry Christmas to you too. Thanks for calling.

Joey: You can call Ben at any time of course at 1-800-LAW-1010 or go online to All right. Stay tuned. More classic rock on the way. Got music from Van Halen and Free next.