Visitor Question

Daughter T-boned in front of school…

Submitted By: Anonymous (Starke, FL)

My 16 year old was going through an intersection yesterday in front of her school and got hit. The car in front of her went and when she went to cross a lady ran the red light and t-boned her. She got a bump on the head and is sore today (assuming whiplash). Now she doesn’t want to drive or even get in a car anymore… it scared her to death.

Should we just wait and figure out what the insurance will cover?

The accident was totally the other person’s fault, but she didn’t get cited for the accident because the officer didn’t want her to get points on her license or didn’t want her insurance to go up. Does she plan on paying out-of-pocket for my daughter’s car (which she just got 3 months ago)? We are located in Starke, Fl (Bradford county). Thank you.

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,

Fortunately, no one appears to have been seriously injured. To be sure however, before going any further, your daughter must seek medical treatment. While there doesn’t seem to be any immediate evidence of serious injuries, some symptoms do not manifest themselves for hours, and even days after the initial accident. This is particularly true for head injuries.

As soon is as practically possible, your daughter must contact her own insurance company and report the accident. Reporting the accident does not necessarily imply your daughter was at-fault, or that she is filing a claim for compensation for property damage or personal injuries. Nor will reporting the accident be considered as a claim against her. Most car insurance policies require their insured to report a car accident, regardless of fault.

Next, your daughter must contact the other driver’s insurance company and file a claim. Be sure before calling your daughter has the driver’s full name, contact information, and insurance policy number. That information should be in the police report, or the driver may have offered that information at the accident scene.

Tell the insurance company you want to file a claim against their insured. If applicable, also tell them you are undergoing medical treatment, and will keep them advised of the status of your treatment and recovery.

Concurrently, contact the police department and obtain a copy of the police accident report. The report should contain drivers’ names, contact and witnesses information, insurance information, a diagram of the accident scene, notations about weather conditions, and whether traffic citations, or other more serious charges or arrest have been made.

At this point, the insurance companies will investigate the accident and decide what action they will take.

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: October 19, 2017

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