Whose insurance should pay when a passenger is injured in the vehicle of a friend?
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Whose insurance should pay when a passenger is injured in the vehicle of a friend?
My child was riding in a friend’s car when the car was rear-ended. My child has sustained a moderate injury and I need to know to whom to send the bill.
Asked on October 21, 2011 under Personal Injury, Minnesota
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
The driver of the vehicle that rear-ended your friend is at fault in the accident. Your child's personal injury claim should be filed with the at-fault driver's insurance company.
When your child completes his/her medical treatment and is released by the doctor or is declared to be permanent and stationary which means no further improvement is anticipated, obtain your child's medical bills and medical reports. Your child's personal injury claim will consist of the medical bills and medical reports. Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of your child's injury and will be used to determine compensation for pain and suffering. Compensation for pain and suffering is an amount in addition to the medical bills. If you are dissatisfied with settlement offers from the insurance company, reject the settlement offers, and file a lawsuit for negligence against the at-fault driver. You will need to be appointed guardian ad litem to file a lawsuit on behalf of your child. If the case is settled with the insurance company, NO lawsuit is filed. If the case is NOT settled with the insurance company, the lawsuit for negligence against the at-fault driver must be filed prior to the expiration of the applicable statute of limitations or your child will lose his/her rights in the matter forever.
It would be premature to try to settle the case with the insurance company until your child has completed his/her medical treatment because you would not know the total bills and would not have the final medical report. If the case is settled prematurely, you can't go back to the insurance company later and ask for more money.
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