Our nanny was taking my 3 kids home from their doctor appointment when a car behind hit a UPS truck and the UPS truck rear-ended the nanny's car. The car's rear two windows were broken and it has a big dent, the kids seemed OK until tonight. The youngest is 6 years old and she was scared, crying and could not settle. The older 2 (8 and 10) were also traumatized and had hard time sleeping. They were talking about what happened and they all had headaches.
What if this car crash caused big trauma to the kids? Would I have a case? What do I need to do to prove it? Thanks!
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ANSWER for "Kids in a Rear End Car Accident...":
Paulina (Reno, Nevada):
It's always regrettable when children are injured. The first issue is the health of your children and their nanny. We urge you to immediately take your children to their pediatrician.
At or about the time of the collision your nanny should have requested the at-fault driver’s insurance information. If she did you should immediately contact the insurance company to file a claim. By the time you do it is likely the at-fault driver has already contacted them to begin the claim.
You will usually be dealing with two separate insurance company representatives. One will work with you to make sure your vehicle is repaired completely. The other will work with you regarding the injuries to your children and your nanny.
If in the unfortunate event your children have suffered internal or other injuries you should inform the at-fault driver's insurance representative. They are called “Claims Adjusters.” Their job is to investigate automobile collisions and resultant personal injuries.
You should inform the Claims Adjuster about the injuries suffered by your children and the property damage to your vehicle. The Adjuster will ask to take your recorded statement. Doing so is standard procedure. You should explain everything you know, including what the pediatrician has to say about the children’s injuries, and any future medical treatment.
Tell the Claims Adjuster you expect their insurance company to pay for all of the property damage and any medical bills. You should let her know you are unwilling to sign any releases until such time as you are completely sure your children and their nanny have received the medical care they truly need.
You do not have to rush. The only time deadline you have is the Statute of Limitations. The Statute of Limitations is a legal term meaning you have a certain amount of time to either settle a claim or file a lawsuit. In your case and in the State of Nevada the time period for either settling a claim or a filing a lawsuit is 2 years.
Before you settle the case with the insurance company we suggest you be completely sure all of your nanny’s and children’s medical bills, past, present, and future will be paid by the Claims Adjuster.
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.
The accuracy of information provided on this site is not guaranteed. It is generic information for informal purposes only. It is NOT formal legal advice. Your use of this site does NOT create an attorney-client relationship. Before relying on any information found in this site you should consult with a licensed attorney in your state. If you are currently represented by an attorney, you should strictly abide by his/her counsel.