What to do if my child got hit by a moving car walking home from school?

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What to do if my child got hit by a moving car walking home from school?

Asked on April 10, 2012 under Personal Injury, Texas

Answers:

Richard Weaver / The Weaver Law Firm

Answered 9 years ago | Contributor

Did you get the driver's information?

Was he injuried?

We will need more information to provide advice or comment.

We will be happy to assist with further advice or comment.

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

Answered 9 years ago | Contributor

You should contact the auto insurance carrier of the at-fault driver.  If there was a police report, the police report should have the auto insurance information.  If the owner of the automobile is someone other than the driver, the registered owner of the vehicle is liable for the driver's negligence.

When your child completes his/her medical treatment and is released by the doctor or is declared by the doctor to be permanent and stationary which means having reached a point in treatment where no further improvement is anticipated, obtain your child's medical bills and medical reports.  Your child's personal injury claim filed with the at-fault party's auto insurance carrier should include the medical bills and medical reports.  Compensation for the medical bills is straight reimbursement.  The medical reports will document your child's injuries and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  If you are dissatisfied with settlement offers from the at-fault party's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the at-fault party/registered owner of the vehicle.  If the case is settled with the insurance company, NO lawsuit is filed.  If the case is NOT settled with the insurance company, you will need to file your lawsuit on behalf of your child against the at-fault party for negligence prior to the expiration of the applicable statute of limitations or your child will lose his/her rights forever in the matter.  Since your child is a minor, you will need to be appointed guardian ad litem to file a lawsuit on his/her behalf because a minor cannot file a lawsuit himself/herself.

Nelson Abbott / Abbott & Associates

Answered 9 years ago | Contributor

I'm sorry to hear this happened to your child.  Hopefully you child wasn't hurt too badly.

Your child may have a claim.  Your question does not give enough information to say for sure but here are some things to consider:

1) Utah requires all vehicles owners to get PIP insurance before registering a vehicle.  PIP insurance will pay at least some of your child's medical bills.  The moving vehicle's PIP insurance will be primary.

2) If the vehicle driver of the moving vehicle was negligent in any way, then the insurance for the moving vehicle will be required to pay medical bills and pain and suffering to your child.

3) The insurance for the vehicle may claim that your child was at fault and therefore they don't have to pay.  If your child is very young (less than 7), that argument is not valid under any circumstances.  If your child is between 8 ad 14, that argument may hold some sway.  If you child is older than 14, that argument may be a valid defense.


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 AttorneyPages.com 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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