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Compensation for daughter in accident

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randommly

Junior Member
What is the name of your state? Washington State

On 4/16/2005 My daughter was a passenger in my automobile. She is was 8 years old. 99.99% of the time she sits in the middle section behind the passenger side seat. On this date I allowed her to sit it the front seat of our two month old 2005 Volvo XC90 (the airbag turns off because of her weight).

While traveling down a road, we were broadsided by another driver, who was ticketed for running a stop sign. Neither my daughter nor I were braced for or was ready for the impact. I did reach out my left arm to try and brace my daughter after I felt the collision. The owner of the collision center estimated that the speed of impact was between 50 to 65 mph due to the damage sustained to my vehicle (17K). I know I was traveling at approximately 35 mph.

Had my daughter been sitting in “her” seat, she would have sustained extreme injuries. She is well aware of this after the accident, looking to the back of our vehicle.

My daughter complained her neck and back ached after the accident. I was in a lot of pain myself and will admit I made wrong decisions concerning her health. I took her to see my doctor on only one occasion. While driving to other appointments she would hyper-ventilate and cry out of control. She had been through enough “trauma” with the auto accident; I was not going to put her though more.

She stopped complaining to me, but told her both Grandmas that her neck and back hurt. This lasted approximately 4 to 6 weeks. At this time I could hardly get out of my own bed.

She frequently had nightmares 2 to 3 times a week. She was scared of dying, or of me dying. She was very afraid to be a passenger in a vehicle, trying at all times to sit in the “middle” of every vehicle she rode in. This was a huge problem since her school is a thirty minute car ride one way. She became unusually aware of all the cars around her, saying things like, “Oh, my gosh, watch out, that was close, etc. etc.” At the tender age of 8, she knows “Daddy and Mommy” can’t protect her all the time.

The drivers insurance agent wants to settle on my daughters case. She offered me $500.00 to settle her case. I was insulted. My husband and I make much more than that in one business day.

I asked for 5K. Is this reasonable or am I totally out of line?
What is the normal compensation for something like this?
Should I let my attorney handle her case too?
Should I wait till she's 18?

The insurance agent told me that they do not compensate for mental stress of a young child. That what I'm asking is completely ridiculous since my daughter only went to a doctor once, she would not budge from $500.

Any advice is greatly appreciated in advance.
 


teflon_jones

Senior Member
You're entitled to reimbursement for your daughter's medical bills, plus possibly some small amount for pain and suffering. You're not entitled to anything for your daughter's mental stress.
 

teflon_jones

Senior Member
Only you can say what you think is reasonable. It's a matter of opinion. If you're not happy with the amount, sue them for more.
 

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