Car ran over child's foot

penelope10 · #1 11-05-2009, 07:26 PM

What is the name of your state (only U.S. law)? TX

My youngest daughter was given a ride home from school yesterday by a friend and her older brother. The driver did not notice that she had not completely stepped away from the car and ran over her foot and ankle. (He is only 17) When she screamed, he panicked and put the car in reverse, running over her foot and ankle a second time.

Her Dad took her to the ER where she was diagnosed as having a severe sprain and a possible fracture.The ER stated that if she does not get better, she will have to see an orthopedic Dr. Dad has health insurance, so much of the cost will be covered. We will each be 1/2 responsible for anything not covered.

I found out from oldest daughter that my ex wants to go after this boy's family or car insurance for any balance that health insurance may not cover. (My ex is an attorney and has plenty of money). I see this as an unfortunate accident and do not want to go after this boy's insurance or after his family. Especially since the boy was doing my daughter a favor my giving her a ride home.

I am the custodial parent, and my decree states that any monies, etc. will go to me. I WILL NOT agree to suing this boy's family or the insurance. Can my ex do this all on his own? Or can I just tell the insurance company that I do not wish to pursue anything should my ex decide to sue?

ecmst12 · #2 11-05-2009, 07:40 PM

You absolutely SHOULD be pursuing the driver's insurance for any out of pocket costs caused by his GROSS negligence - at an absolute minimum! She is probably going to have pain and limited motion in that foot and ankle for the rest of her life and that is EXACTLY what his insurance is there for. Of course once she is 18 she can (and again, SHOULD) pursue it on her own. You didn't mention how old she is, but in most states, the SOL for injuries to minors doesn't start running until their 18th birthday. You should help her find a lawyer now - not because either of you are trying to take them for all they're worth, but because she's been seriously injured and her interests need to be protected. And a lawyer will handle the paperwork and other labor-intensive details for you. She could need surgery and extensive rehab, her chance to participate in sports could be gone or limited, this could be a life-changing injury.

That said, neither parent can sue or pursue a claim EXCEPT on behalf of her, with all monies (after medical bills are paid) going into a trust for her.

It is great that you don't want to get rich off of your daughter's misfortune, but that doesn't mean you should have to pay out of your pocket either. It's ok to hold that kid responsible for the pain he caused and the costs you incurred. That's what insurance is FOR.

JustAPal00 · #3 11-05-2009, 08:50 PM

As custodial parent, you are responsible for the bill. If you chose not to pursue him for the money owed then that is your choice. You can not stop the father from suing for pain and suffering. If she heals completely then he shouldn't win anything. I understand your feeling towards the boy and respect it, but make sure that your daughters injuries are temporary before deciding what to do next.

penelope10 · #4 11-05-2009, 10:24 PM

Quote:

Originally Posted by JustAPal00

As custodial parent, you are responsible for the bill. If you chose not to pursue him for the money owed then that is your choice. You can not stop the father from suing for pain and suffering. If she heals completely then he shouldn't win anything. I understand your feeling towards the boy and respect it, but make sure that your daughters injuries are temporary before deciding what to do next.

Just an update as to what is going on. The driver of the car's father called me today. His father has been in the hospital having open heart surgery and he just found out about the accident. He has offered to pay for anything that insurance does not cover. Plus I explained to him that right now they can't tell if her ankle is broken or not. If she keeps having problems then she will need to go Orthopedic Dr.

What I do not want to do is rush out and hire an attorney unless there is a need to do so. I am hoping that this is just a severe sprain that will get better within the next four weeks. My daughter will be returning to school tomorrow. She spent most of the day sleeping after taking her pain medication today.

These people have been very good to my daughter over the years and we all feel terrible about what has happened.

ecmst12 · #5 11-05-2009, 11:21 PM

If she's lucky and it's just a sprain, then I think that's a fine course of action. If it turns out it's broken though, don't turn your back on legal means of recovery. It's for her, after all.

It is a bit refreshing to see a poster with the opposite attitude of the usual, "my neck hurt for 2 months and I want $10k" that we get around here.