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?

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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 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.

Since laws change frequently and across jurisdictions you should get a personalized case evaluation from an attorney licensed in your state (if you haven't already). Find an experienced local attorney to give you a FREE personalized case review here.


Best of luck,

Law Guy