child injured in accident

[GrandmaOH]

A person pulled out of their driveway, without stopping, into the path of my daughter. My daughters car was totaled. She has the typical muscle soreness. Her 2 year old suffered no apparent injury. Her 5 year old hit her nose on something. Her nose was split open at the tip, required 5 stitches to close it. No bones were broken but the ENT dr says the cartilege was damaged. Now, two weeks after the accident, her nose is somewhat flattened and broader. The ENT dr says nothing can be done for another 10 years until my granddaughter is a teenager and mostly grown.

How is compensation for injuries like this usually handled? As far as I know at this point it's just a cosmetic issue.

The guilty person's insurance company has not been cooperative, so my daughters insurance agent has taken care of some things for my daughter and will go after the other insurance company. Her agent appraised her car, cut the check(minus the deductible), & found her a virtually identical car. I advised her to call her agent and ask how personal injuries like my granddaughters are handled, but of course the office was closed by the time she left the ENT dr & won't be open until Monday.

 

[OHgurl2002]

Stay on Top of it!

First, I just want you to not that I'm not one of those people who want to sue about everything. That said: Get legal counsel. From the details you submitted, the other driver committed a "backing" infraction. He or she had a duty to make sure that it was safe before backing his or her car onto the road. The driver failed to do this, thus, causing the accident. Their insurance should be covering this.

Your granddaughter's injury will be apparent or cause her future problems and likely a future operation. Your daughter's attorney should be able to secure funds to provide for granddaughter's surgery, and pain and suffering.

Also, keep ALL records. Keep a copy of the police accident report for your records and give one to your attorney as a starting point. Your daughter will need to give her attorney a copy of any medical records from the accident (these can be obtained from the hospital, a release form will have to be signed). Stay in touch with your insurance company and keep posted on what the other driver's company is doing... or not doing.

I had the benefit of working for a wonderful insurance company. However, that doesn't mean that the other companies I dealt with were so fair. If you have "limited tort," your insurance company is only required to take the case "so far." Best to get this taken care of while all the facts of the incident are fresh in everyone's heads in case it would have to go to trial.

Best wishes for your granddaughter.

 

[GrandmaOH]

Accident and all involved are in Ohio

How is compensation for injuries like this usually handled? As far as I know at this point it's just a cosmetic issue.

I'm going to rephrase my question.
How is compensation handled when the injury can not be fully assessed for 10 years as my granddaughters ENT specialist diagnosed? Does it make any difference if the injury is cosmetic? Should the at-fault insurance pay all current medical claims, or will my daughter have to use her health insurance, pay deductibles & co-pays and then collect all expenses when the insurance company settles? Do they ever leave open claims until the injury can be fully assessed, in this case up to 10 years or so?

 

[weenor]

I'm going to rephrase my question.
How is compensation handled when the injury can not be fully assessed for 10 years as my granddaughters ENT specialist diagnosed?

Chances are they can only recover for actual damages attributable to the accident. If the doctor can testify that she will probably require x,y, and z then damages can be estimated. However, the doctor must be able to say with some certainty...a more that 50% chance that future care will be required and that care will be this...

Does it make any difference if the injury is cosmetic?

Some, but that will depend on the case law in your state.

Should the at-fault insurance pay all current medical claims, or will my daughter have to use her health insurance, pay deductibles & co-pays and then collect all expenses when the insurance company settles?

It is usually easier to take care of the medical issues through the health insurer and then pay them back when settlement occurs with the third party carrier.


Do they ever leave open claims until the injury can be fully assessed, in this case up to 10 years or so?

No there is a statute of limitations in your state any claim (lawsuit) must be filed before it expires. Possible future medical expenses do not toll the statute.

 

[GrandmaOH]

"It is usually easier to take care of the medical issues through the health insurer and then pay them back when settlement occurs with the third party carrier."

hmmm, that one's going to cause my daughter & her husband some hardship. They have $500 deductibles on their health care, and 3 of them incurred medical claims. Even though the 2 year old was not injured she was transported to the hospital in the ambulance and checked out in the emergency room with another follow-up dr visit. I'm hoping their insurance limits it to 2 deductibles per family per year, but even if it does they'll have $1,000 out of pocket for deductible and then the 20% co-pay. That's pretty rough on a young family. Do you know if hospitals & doctors can be negotiated with to get them to wait for the auto insurance to pay?

 

[weenor]

"It is usually easier to take care of the medical issues through the health insurer and then pay them back when settlement occurs with the third party carrier."

hmmm, that one's going to cause my daughter & her husband some hardship. They have $500 deductibles on their health care, and 3 of them incurred medical claims. Even though the 2 year old was not injured she was transported to the hospital in the ambulance and checked out in the emergency room with another follow-up dr visit. I'm hoping their insurance limits it to 2 deductibles per family per year, but even if it does they'll have $1,000 out of pocket for deductible and then the 20% co-pay. That's pretty rough on a young family. Do you know if hospitals & doctors can be negotiated with to get them to wait for the auto insurance to pay?

It really sounds like they need an attorney...Your daughter is responsible for those bills no matter who ultimately accepts responsibility later..thus any non payment or late payments can be reported to the credit bureaus. They can make payment arrangements and in some cases I have seen where the doctors will accept a letter in which your daughter agrees to repay them out of the settlement proceeds. However, many caregivers won't accept these....

Does your daughter have med-pay on her car insurance? If so, the deductible amounts can be paid through that and the auto insurer can be repaid at settlement.

 

[Litigation!]

My response:

Was your injured grandchild in the front or rear seat?

IAAL

 

[GrandmaOH]

Thanks Weenor. I'll tell her to ask her insurance if they'll pay the deductibles & co-pays. Her company stepped up and got her in another car before the other company even looked at her car.

IAAL, both of her children were legally restrained in her back seat. The 2 year old was in a childs car seat. The 5 year old was restrained with the factory installed seat belt. Legally that is what is required in Ohio. I use a booster in my vehicle when I transport them, but we think she hit her nose on the side window and many approved boosters for 5-8 year olds do not provide protection that would have prevented this type of injury.

My daughter has always been careful not to allow the children to ride in the front seat due to air bags. In this case the air bags did not go off. That probably saved our daughter from facial injuries.