Car Accident with 2 1/2 yr old injuried

Haleybug · #1 06-02-2005, 10:41 AM

What is the name of your state?SC
question my wife and her friend were driving and got hit with 2 1/2 yr old in car. Daughter was brought to e/r with bump on her head ...(yes she was in car seat) Insurance just called want to settle with 250 plus medical bills. Problem I have with this is 1) I live in nj and have full custody wife gets visitation 3 weeks a year this was her second. So she lost 4 good quality days with her daughter 2) $250 offer for pain my daughter has to gone through I feel is too low.
So my main point is does anyone have advice on what should be done I really dont want to go through hassle of getting lawyer, going to court and would like this resolved as soon as possible. Any advice greatly appreciated .Thank you

compworkr · #2 06-02-2005, 03:15 PM

How long ago did this happen? Daughter’s injuries may end up costing a lot more than $250 worth of medical bills to treat. The insurance company's goal is to get rid of this claim with as little money as possible. You might want to wait until you can get a better idea of how much the medical expenses will be. I think the statute of limitations for personal injury is 3 years in South Carolina.

Haleybug · #3 06-02-2005, 04:03 PM

It only just happened last week. They are stating medical bills to be paid but then stating an additional $250 I think the 250 is low given the fact
1) it is just a child and we really are not sure if she will have problems weeks/months down the line.
2) Loss of quality time with her mother (which is only 3 x a year for 1week at a time)
3)loss of work for both my ex wife and myself (ex needed to take off the few days and daughter was too sore to go to daycare I needed to leave work so I can go down and be with daughter) etc etc etc...
Just feel they are low balling us . . what steps can be taken or what is the usual process for claims with insurance adjusters if you dont agree with part of the settlement.
Thanks again i really appreciate

compworkr · #4 06-02-2005, 05:13 PM

I agree with you that $250 seems rather low given the fact that the daughter is just 2 1/2 and it's uncertain whether she will have problems down the line.

"Loss of quality time", loss of companionship, etc. is typically called "loss of consortium." In my state, damages for loss of consortium due to injuries to a child are no longer recoverable. I don't know about SC. An SC lawyer can find out.

In order for you/your wife to possibly recover for loss of income, you and/or your wife would have to sue to claim loss of income.

Is this your insurance company that you submitted a claim to, or the other driver's insurance company? If the other driver's insurance company, you can make a counteroffer to the insurance company, stating that you intend to file suit if they don't accept it, but don't hold your breath. Insurance companies deal with these claims all the time and will still try to settle with the lowest dollar figure possible. Your best bet may be to pursue this through a lawyer. Although you initally said you don't want to go through the hassle of getting a lawyer, going to court, etc., that may be the only way to get what your family is really entitled to, assuming it's more than $250.

Who's Liable? · #5 06-02-2005, 06:31 PM

damn... your child is injured, you really don't to what extent the injuries are( lifelong, termporary, etc.) and you're worried about getting a lawyer?

Be a father and sue the crap out of the person who hit the car with your child in it, tell the insurance company their offer is a slap in your face and your lawyer will have a nice chat with them..

Haleybug · #6 06-02-2005, 07:06 PM

thanks compworkr: I really appreciate the info I think you may be right. This is against the other drivers insurance for she is 100% at fault and was cited with reckless and careless driving.
Who's liable: her injuries at the time were even though she was properly belted in her carseat she got a major lump on her head which they took her to e/r in ambulance . They took xray and said 'fine' and then stated to watch her every 3 hrs for 24hrs but now she is saying she is sore so I am thinking about taking her to chiropractor. .. just biggest problem is she is visiting her mother down south I live up north so I just drove down here and going to bring her back home and get checked. thanks for all your help

teflon_jones · #7 06-03-2005, 06:03 AM

Your daughter got a bump on the head, and now seems to be fine. You're entitled to your medical bills plus property damages, and possibly a small amount for P&S for your daughter. Since her injury was very minor, the $250 is about what you're going to get. You can't receive compensation for "lost quality time". You can't receive compensation for possible undocumented unknown future problems. You can't receive compensation for the time you took out of work to take care of her unless you actually lost wages because of it, and even then, you're going to have trouble collecting.

In the end what I see is a parent more concerned about money than their daughter.