How mcuh should my daughter get for her personal injury claim?

A little over a year ago, I backed into my 23 month old daughter with the our car. A few months later our car insurance called and offered to settle her claim for 0. We were suprised that my daughter would get anything since I was the one that hit her. Our insurance explained that it was just like her getting hit by someone else, or me hitting another child. We wanted to make sure all her medical bills were being taken care of and our car insurance said yes they would. But we found out they didn’t know everything she had been through and what her injuries were. Now our car insurance has all the bills and the medical reports from the hospitals that she went to. Tomorrow they are suppose to call and offer a new settlement. My wife called around to both hospitals and both ambulance companies that we used and all the bills were about ,000. Were not greedy, but we want to make sure my daughter gets all the money she should. That’s what the insurance is for after all.
The accident was determined to be my daughter fault, but because she was 23 months its considered no fault. My insurance company and a couple other said this wouldn’t effect my insurance. I recently renewed my policy and it didn’t. Motion detectors wouldn’t have helped since she got hit by the front tire as I was backing and turing out of our driveway. I was driving a minivan so she was significantly below were I could see out of the window.
Faye H I said both time I mentioned someone getting money that it would be her money. So if I’m being greedy by not letting my insurance provider take advantage of us and not get ever penny my daugther should get then ok I’m being greedy. Not that I’m going to use HER money, but the only way it would go into a trust is if we went to court and the judge ordered it into a trust. Otherwise the insurance company will issue a check to the parents for the child.
The medical bills were for the ride from my house to the hospital; xray, catscan, and meds at the hospital; ride in ambulance from the first hospital to another hospital; observation overnight. Her injuries were a broken foot and scraps on her foot and legs.

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8 Responses to How mcuh should my daughter get for her personal injury claim?

  1. mbrcatz17 says:

    Which coverage section are they paying out under? It will be limited, of course, by your policy limits – which you also didn’t mention.

    Part of the back of my brain says, she can’t be paid under the BI section, but it will be uninsured motorist – as from HER point of view, she can’t collect from the bi being a household member, but she can as a pedestrian, under the UM. But I can’t defend that, LOL, it’s just this twigging thought at the back of my brain.

    So, how much is your UM limit? If it’s $10,000 or such, they’ll probably offer the limit. I don’t see them offering much MORE than the total of medical bills, but you could probably talk them into settling for $15K.

    Anyway. I WOULD put a call in to your agent, and ask how it works in your state. It’s going to be state specific, which coverage you collect under, and it just seems a bit foreign to me.

  2. shoaib says:

    u should get the maximum money

  3. oneandonlyness says:

    when i had a car accident i sued because i was injured and it was permanent damage, my neck now has all bulging disks. if u want the money to cover all her expenses try to get a lawyer. insurance companies will give the least amount of money as possible. its obvious you arent greedy but you dont want to get stuck with the medical bills either. tell them they need to pay her medical bills and give you money for pain and suffering or you will retain a attorney. good luck with it.

  4. Michael says:

    It doesn’t matter if she is your daughter or not, being 23 years of age she is an adult, therefore your insurance must cover her damages. The amount she is entitled to is determined by the insurance and the claim they make. If you believe that the claim isn’t the amount your daughter deserves, then you go to court. Being about 10,000 total (gosh dad, thanks you did 10,000 with a damage to me and my car!), the insurance will undoubtedly see these amounts also, and claim them. Especially at 10,000, they get a huge interest.

  5. Muga Wa Kabbz says:

    Include all her medical bills in addition to the time either one or both of you parents lost from your livelihood. It is a good idea to include the money you parents lost by not going to work and taking care of your injured kid.

    You almost crushed your kid, so you have to realize, also that although the insurance company is paying for your daughter’s claim, your premium is going to rise sky high because of this accident. You might want to invest in rear end motion detectors for your vehicle so you can avoid running into a child, person or a pet.

  6. Faye H says:

    Amazing. You start out stating that you didn’t think you were going to get anything because it was your fault and you end by getting greedy and wanting to know how much you’re going to get and you want to make sure you get as much as possible. Don’t say you’re not greedy. You ARE greedy. You realize if you don’t like the settlement offer, you’re going to have to sue yourself since you were at fault?

    By the way, since your daughter is an infant, any money SHE receives over and above medical bills, will have to go into a trust fund for her until she reaches age 18.

    As for what kind of settlement you should expect, I don’t know. I guess I’d personally be happy if they covered all the medical bills and I’d be grateful that I didn’t kill my kid.

    Additional Info – It WILL go through a court for approval. All the states that I know of mandates that injury settlements for minor children be approved by the court and the childs funds be protected.

  7. Meredith G says:

    I agree with FayeH. You start out saying your not greedy and then you go get all greedy.

  8. mamatohaley says:

    Have to know what injury is to give an idea of settlement.

    10k in meds could mean 5 months in physiacl therapy or 1 ER visit with xrays, catscan, and observation.

    Big difference.

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