Visitor Question

Payment for Injuries to Child in Car Crash?

Submitted 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?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

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 a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: February 10, 2011

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3 thoughts on “Payment for Injuries to Child in Car Crash?

  1. 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.

  2. 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.

  3. Normally your insurance company does not have a right to any part of the settlement agreement, whether yours or the childrens’. 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 childrens’ 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.

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