Should I sue a driver personally or will her insurance cover bills, etc. for injuries resulting from when she hit by son with her car?

UPDATED: Sep 30, 2022

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Should I sue a driver personally or will her insurance cover bills, etc. for injuries resulting from when she hit by son with her car?

My son who was riding his bike on the sidewalk got hit by a vehicle coming out of an alley-way. He was scraped bloody and bruised from his knees to his head. It broke one of his adult teeth and knocked another one loose. The driver of the vehicle, instead o following proper accident procedures, dropped my son off at home, while there was no one else home, and left him there. The driver is a state registered nurse who took an oath and was trained to react under such circumstances. My son called me from a friend’s house. He was taken to hospital and police reports were made. The driver never reported anything to her insurance or the police. She turned herself in to police the next morning but was not cited by police at that time. Reports and statements were turned over to the local prosecuting attorney. I filed a claim with the driver’s insurance company. It has been 2 weeks business days since the accident but no word from the prosecutor or the insurance company. What do I do next?

Asked on June 16, 2016 under Personal Injury, Arkansas


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If the at-fault party's insurance company does not respond, sue the at-fault party for negligence.
You will need to be appointed guardian ad litem to file a lawsuit on behalf of your son because he is a minor.
The criminal case is separate from the civil case.
If local authorities are sweeping the case under the rug, contact your state's attorney general.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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