• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

My 5 year old was involved in auto accident

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

M

majohn

Guest
My 5 year old was involved in a car accident while driving with his babysitter about 3 weeks ago. he was seated in the rear passenger seat, when another car hit my babysitters car. My son was wearing his seatbelt, but did get a deep mark in his neck from the seatbealt, bumped his head on the window, and still complains of soreness, and wakes up at night from nightmares of this experience. The insurance company of the person who was at fault has already called me, accepted responsibility, and asked me to call her back when I'm ready to "settle the claim". Can someone advise me on how to settle, and do i put a monetary offer on the table, or is that what she does? Please advise, as i do want to settle this claim. Thank you. (I'm in California)
 


I AM ALWAYS LIABLE

Senior Member
majohn said:
My 5 year old was involved in a car accident while driving with his babysitter about 3 weeks ago. he was seated in the rear passenger seat, when another car hit my babysitters car. My son was wearing his seatbelt, but did get a deep mark in his neck from the seatbealt, bumped his head on the window, and still complains of soreness, and wakes up at night from nightmares of this experience. The insurance company of the person who was at fault has already called me, accepted responsibility, and asked me to call her back when I'm ready to "settle the claim". Can someone advise me on how to settle, and do i put a monetary offer on the table, or is that what she does? Please advise, as i do want to settle this claim. Thank you. (I'm in California)
My response:

Especially when a child is involved, you get a Personal Injury attorney.

IAAL
 
C

CBART10455

Guest
I don't know what part of California you're in, but I am in SoCal. I was in a MVA June 2000, and was fortunate enough to find a WONDERFUL personal injury attorney who is wasting no time getting things taken care of. I agree, with a small child, you can't be too careful. I was told by my Physical Therapist that I would feel a lot worse around six weeks after the accident, and I sure did. If you would like my attorney's info, let me know. Good luck!
 
M

majohn

Guest
Thank you for your advise. We live in the Bay Area. I called a personal injury attorney over the weekend, and he told me that it didn't sound like my son was seriously injured, and that we would not get paid for "future doctor's bills" due to him being a child (?) I thought that was odd. he went on to explain that kids are resilient, and insurance companies don't pay for kids who are not seriously injured. I don't know what to do. Kaiser has refused to give him X-Rays, and I'm afraid that if he gets older, if he did injure his neck or head, he will not be able to play sports as he does now. Anyone out there from the Bay Area? Should i just forget this whole thing, or take him to a chiropractor? I'm at a loss. Thank you.
 
C

CBART10455

Guest
What this attorney told you sounds like a crock, in my humble opinion. Sounds like he thinks there may not be enough money in it to pursue it, but that has nothing to do with your child's health. X-rays do NOT show soft tissue damage, like herniated discs. My 12 year old son got a BAD concussion from our accident, and his head never hit anything. It has only been three weeks since your accident. If you have health insurance, maybe you can get an MRI for your son. Ask his pediatrician. In the meantime, if it were me, I would not speak with the other party's insurance company at all. They are already asking you to settle. What does that tell you? They know you have a valid claim. It is the other party's insurance adjuster's job to offer you as little as possible to settle the claim. I don't know any personal injury attorney who would tell you to settle BEFORE you know exactly what your son's injuries are.
 
M

majohn

Guest
I agree. here's the sad part. After the accident occured, i took him to Kaiser. Kaiser refused to do any x-rays, and said he was fine! I then took him to a second doctor at a different Kaiser. I went to their head injury clinic and demanded they do x rays. The doctor looked at me as if i was acting crazy, felt around my son's neck and said he was just fine. I was astonished at the lack of concern kaiser had for my son! I want to take him to a private doctor, but i don't know where or what kind of doctor to take him to! I really don't have much money, but I'm willing to sacrifice for my sake and his! what should I do! No one has been able to help me!
 
C

CBART10455

Guest
Call an attorney, now. I would be SO happy to give you my attorney's name and number, he is here in Oxnard, but I know he will advise you over the phone, at least once. he may even be able to refer you to an attorney in your area. Email me for his info if you like. [email protected].
 
C

cdcard

Guest
Dear majohn:
I would definitely seek the advice of a personal injury (PI) attorney if I were you. Get all your child's medical records and bills together before you go in for your consultation so that your attorney can give you the most accurate advice. Kaiser's response to this MVA is interesting. Make sure your attorney knows about this. If, in fact, your child has been injured and Kaiser didn't catch it because they refused to do (what some would consider) basic diagnostic steps, you may have TWO suits on your hand: one against the other driver and one against your HMO! In many cases, part of the PI settlement for a child is the other insurance company's agreement to pay future medical bills (up to an agreed monetary amount) in case your child develops future medical problems because of this MVA. Also, in most states, the statute of limitations is more forgiving for a child's cause of action, as opposed to an adult's. But your attorney give you more specific advice, depending on what state you're in and that state's laws. Best of luck to you.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top