Is Auto Accident Compensation Less for Kids or the Elderly?

by Anonymous

My kids, my mother-in-law, my husband and I were injured in a car accident. The other driver hit us from the back and her insurance company accepted full liability.

The agent of her insurance company told us that normally the auto accident compensation for kids is less than the amount for adults, most of the time it's half the amount. Also, anything above $5,000 compensated to a kid less than 18 year old needs to go through a court to guarantee the money goes to the kid, not the parents. Is this true?

What about aged people? Are they getting more or less than normal amount? Does the foreigner status affect the compensation amount?

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Is Auto Accident Compensation Less for Kids or the Elderly? ":

Any time children are injured above a certain statutory amount, these must go through court and are called Minor's Compromise Claims.

The process is not difficult, but the purpose is to get the court's approval on the settlement for the children to make sure it is fair and accurate, to make sure the child's bills get paid and to make sure that the money goes into a protected account that cannot be accessed without a court order until the child is 18 years old.

The comment that a child gets less than an adult does not make sense because settlements are dependent upon the degree of injury. So, as a general rule, I would have to disagree with that statement. Neither for aged people as settlements are based almost entirely on the medical bills incurred by each party.

The fact that a passenger is a "foreigner" also bears no causal relationship to their ability to seek a settlement from the insurance company.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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