Bodily Injury Settlements on behalf of my kids

[tlcdmc05]

I live in Texas.

I'm looking for advice on how to best represent my children's interests in obtaining a fair bodily injury settlement for them. I've received offers, which I know are too low because one doesn't even cover the medical expenses - and neither offer comes close to including anything for pain and suffering. Has anyone dealt with settling a claim like this for kids? I'm not looking to make money - there is not a dollar amount anyone could give me for us to have to go through that experience again! And, I expect that their settlement money will go into a trust for them until they are adults, anyway.

Here's a summary of the details: My boys (9 & 11 at the time) and I were in an accident (ultimately due to icy road conditions) one year ago where our car was totaled, doors crushed in, window shattered, etc. They both lost consciousness and suffered concussions.

Son A was by the door that was crushed in and where the window shattered, leaving a large piece of glass embedded in his forehead which took a lot of time and digging to get out - in addition to several scrapes, cuts and contusions. He still has a scar on his forehead from the glass. Son B chipped a piece off his permanent tooth, which will be noticeable as time goes by. His concussion was worse - causing vomiting for a week, headaches for three weeks, and requiring return trip to the ER the day after the accident and a CT Scan a week later. They were both traumatized by the accident and by seeing my injuries. We missed out on our vacation since this happened on the 1st day of our vacation - and, they have both developed anxieties about ever going anywhere again that has snow and ice. I have received offers for them to settle the bodily injury claims. Son A had $1,500 in medical costs and received an offer of $1,000. Son B had $2,000 in medical costs and received an offer of $2,500. Any advice?

Thanks, Mom in Texas What is the name of your state? Texas

 

[moburkes]

Just curious. Why are you looking for pain & suffering when you caused the accident? Cause insurance companies don't blame the weather - if the weather was so bad, then the driver shouldn't have been driving.

 

[tlcdmc05]

Reply

I was not the one driving. However, even if I was, the passengers in the car are covered by the bodily injury part of the policy, regardless of whether or not they are my biological children or strangers in the car. Why would it matter even if I was the one driving? If they had pain & suffering, they are entitled to benefits regardless of who was at fault, correct?

The reason I mentioned the road conditions is to help a reader understand why my kids would have developed anxieties about going somewhere that has snow and ice.

 

[moburkes]

I was not the one driving.

Who was driving?

 

[moburkes]

I was not the one driving. However, even if I was, the passengers in the car are covered by the bodily injury part of the policy, regardless of whether or not they are my biological children or strangers in the car. Why would it matter even if I was the one driving? If they had pain & suffering, they are entitled to benefits regardless of who was at fault, correct?

The reason I mentioned the road conditions is to help a reader understand why my kids would have developed anxieties about going somewhere that has snow and ice.

I just changed my mind. I'll take my insurance licenses elsewhere since you seem to know so much about how it works. Obviously you got your license out of a crackerjack box.

 

[fairisfair]

I was not the one driving. However, even if I was, the passengers in the car are covered by the bodily injury part of the policy, regardless of whether or not they are my biological children or strangers in the car. Why would it matter even if I was the one driving? If they had pain & suffering, they are entitled to benefits regardless of who was at fault, correct?

The reason I mentioned the road conditions is to help a reader understand why my kids would have developed anxieties about going somewhere that has snow and ice.

have you consulted a personal injury attorney? Was there another driver involved in the accident? (as in two vehicles; not as in a driver other than yourself)

 

[tlcdmc05]

Reply to inappropriate response from moburkes

Response to this from moburkes:
I just changed my mind. I'll take my insurance licenses elsewhere since you seem to know so much about how it works. Obviously you got your license out of a crackerjack box.

First of all, I don't appreciate the comment you added. I'm legitimately asking for help.

Second, if I had any kind of license, I wouldn't be posting a request for advice. My knowledge of this subject came straight from my auto insurance policy document. If I've misunderstood something I've read, I'd be happy for someone to point that out to me. Just because I know how some of this works doesn't mean I don't need help.

I would appreciate if you did not offer me any help. I'll wait for help from someone else that doesn't have a chip on their shoulder.

 

[fairisfair]

Response to this from moburkes:
I just changed my mind. I'll take my insurance licenses elsewhere since you seem to know so much about how it works. Obviously you got your license out of a crackerjack box.

First of all, I don't appreciate the comment you added. I'm legitimately asking for help.

Second, if I had any kind of license, I wouldn't be posting a request for advice. My knowledge of this subject came straight from my auto insurance policy document. If I've misunderstood something I've read, I'd be happy for someone to point that out to me. Just because I know how some of this works doesn't mean I don't need help.

I would appreciate if you did not offer me any help. I'll wait for help from someone else that doesn't have a chip on their shoulder.

Guess you are stuck with me for now.

so I will ask again:

have you consulted a personal injury attorney?

Was there another driver involved in the accident? (as in two vehicles; not as in a driver other than yourself)

Whose insurance is making you the offer?

 

[moburkes]

When did Tammy post?

Fairisfair is not an insurance agent, but she will help as best as she can. And, besides the no fault states, insurance works the same in Texas as it does everywhere else. Insurance follows both the driver and the vehicle - depending upon which coverage you're talking about. Your insurance nor your state are special.

 

[Zigner]

Hey Mo, I'll ask the question the OP is dieing to ask

Can our OP recover pain & suffering from her own insurance company?
Will any recovery of pain & suffering involve her father in litigation?

 

[tlcdmc05]

In response to fairisfair's post

In response to fairisfair's post

have you consulted a personal injury attorney? Was there another driver involved in the accident? (as in two vehicles; not as in a driver other than yourself)

I have not consulted an attorney. There were two vehicles. I was not a driver of either. My father was driving my car. I'm not sure how it works in other states, but, my auto policy coverage in Texas follows the car. So, as explained to me by my insurance company, my sons and I qualify for the bodily injury coverage since we were passengers in my car who were injured during an accident - or, I guess they'd say we are victims of a tort, right?

My insurance company is offering us settlements - just my boys for now. I'm still receiving treatment so mine will come later I guess.

I really don't have any experience dealing with legal issues. So, I hope you'll be patient with my question here. But, I'm really curious, could you help me understand why it is necessary to consider whose insurance it is, who was driving, etc. to be able to answer my original question about how to come up with a fair value for my kids' settlements?

Thanks again - I do appreciate your time and any advice you have for me.

(this is a reposting from two of my previous posts which I deleted to remove someone's name)

 

[moburkes]

Yes and yes, depending upon how much coverage is on the policies. The kids' money will be put away until 18.

 

[tlcdmc05]

Op?

Can someone tell me what OP stands for?
Thanks.

 

[justalayman]

OP= original poster; i.e. you

 

[Zigner]

Thanks Mo - just wanted OP to realize she/her insurance was (basically) going to have to sue her father for his negligence