Payment for Injuries to Child in Car Crash?

by Anonymous
(USA)

I'm wondering who gets the settlement for a child in car crash cases? I was t-boned by 16 yr old who was ticketed for running a stop sign, injuring myself and four children. Two of the children are not mine.

What I am interested in is, after my state farm insurance (which has already paid the medical bills) is paid out of the personal injury settlement, who has rights to the reimbursement for the other kids' medical bills that my insurance paid me?

Visitor Question:
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ANSWER for "Payment for Injuries to Child in Car Crash?":

Normally your insurance company does not have a right to any part of the settlement agreement, whether yours or the children's. The settlement proceeds should be paid in full to you and to the children. Then your insurance company has the right to “subrogate” against the 16 year old driver, and because he is a minor, his parents as well.

Subrogation means your insurance company goes to the 16 year old and his parents to reimburse them for all the money they paid out to cover the medical bills for you and the children.

The children's settlement proceeds, assuming they were minors when the collision occurred, should be paid to the parents or legal guardian of the children for their benefit.

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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Comments for Payment for Injuries to Child in Car Crash?

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Car Accident Settlement...
by: Anonymous

My friend was driving her truck with my daughter as passenger, she is 16 years old. My friend's insurance wants to settle but told me it's the law that my daughter won't get her settlement until she is 18.

Car accident settlement trust fund...
by: Anonymous

I have an attorney and they told me that my son's money would be put into a trust fund instead of putting the check in my name. They tell me that the laws have changed and my son won't receive a check.

I thought it would my option to have his money in a trust account. Do they have the right to do this? Help me understand please. Thanks.

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TYPE OF ACCIDENT
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PERSONAL INJURY
WORKERS COMPENSATION
MEDICAL ERROR
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