My teens were passengers in an accident...

[tntbelt]

What is the name of your state? Kentucky

My daughter who's 16 and my son who is 14 were both passengers in an auto accident today. The driver is most likely at fault with liability insurance and is a good friend of the family. My son has minor bruising on his shins and bump on the head, but my daughter hit the windshield and has abrasions to the face and forehead, broke her nose, and had 4 stitches above her lip. She was taken by ambulance to the emergency room.

I want to be as respectful of the family friend as much as possible as it was an accident, but would like to know what our rights are as faras the injuries my daughter has sustained. Also some suggestions as to how to deal with their insurance company? Should I contact them or wait for them to contact me? She has more upcoming doctors appts for her nose and stitches removal as well.

Someone also said that if I decided to seek money for pain/suffering that she would not get it until her 18th birthday. Can anyone tell me if that is true?

Thanks in advance for any advice...

TerriWhat is the name of your state?

 

[teflon_jones]

File a claim with the vehicle owner's insurance company and if it was the driver's fault and the coverage is adequate, then you shouldn't have much trouble getting the medical bills paid for what amount to relatively minor injuries. Your daughter may get some small amount for pain and suffering but given that the injuries were relatively minor, the amount is not likely to be very much. It will be paid to her legal guardian (you I take it) to dispose of as they see fit.

I would suggest waiting to settle until after your daughter's treatment is complete so you can be sure the settlement amount is adequate to pay all of the medical bills.

 

[ecmst12]

A broken nose and stitches in her face.....that means she's likely to end up with some degree of scarring/disfigurement. That's worth more then a token amount for pain and suffering. And your daughter can make a BI claim against the driver's insurance.

 

[tntbelt]

thank you

Thank you for your responses. She is going to have to have surgery on her nose to straighten it out and will be out of work/school for a week. The surgery has not been scheduled as of yet. I am really not wanting to hire a lawyer and I am interested in handling this claim on my own. Any advice or links to some informative reading would be appreciated. I feel confident to be able to negoitate the claim if I am well informed. Any formulas, calculators or suggestions also to help with a starting point for pain/suffering. Her medical bills are most likely going to be over the PIP allowance of $10,000 and she missed this week of school/work and will miss another week for the surgery.

Thanks,

Terri

 

[ecmst12]

There are no formulas or calculations. You will need to find out whether your PIP coverage will need to be reimbursed out of any BI settlement. In PA, PIP is non-subrogatable but I don't think that's true in all states. You will need to get all her medical bills and records (once her treatment is complete) and send them to the driver's insurance. You'll have to decide what you think it's worth for pain and suffering (over the actual bills), there is no magic number or formula used. This is a serious injury, if it will require surgery. If the driver had minimal coverage, they may automatically offer the policy limits because of the fact she required surgery. If they don't, I would strongly suggest at least CONSULTING a lawyer. The damages on this case may end up being more subjective then usual depending on the degree of scarring she ends up with (if any).

Oh make sure you have some recent pay stubs of hers available if you want to claim lost wages. Lost time from school is not really compensable other then under "pain and suffering" since it's not worth anything monetarily (unless maybe it's private school).

 

[xylene]

over the PIP allowance of $10,000 and she missed this week of school/work and will miss another week for the surgery.

10k PIP is at or close to the minimum.

You should retain a lawyer and have no direct contact with the driver or the drivers family until this is settled.

You must not do anything that could negatively impact your chances of a proper settlement.

You need a lawyer now.

 

[ecmst12]

PIP comes from the passenger's own policy (or mom's in this case) not the driver. And it's entirely possible to have lower PIP but higher liability limits. That's what I have since I have health insurance to cover me if I exhaust PIP.

 

[xylene]

PIP comes from the passenger's own policy (or mom's in this case) not the driver.

In Kentucky PIP for passengers in accident is applied first from the policy in force on the vehicle the passenger was riding in when the accident occured.

And it's entirely possible to have lower PIP but higher liability limits. That's what I have since I have health insurance to cover me if I exhaust PIP.

Health insurance may well not cover cosmetic surgery following an accident.

I am not trying to debate the merits of one coverage plan or another.

The reality is the Original Poster needs to be well aware of the fact that they WILL need a lawyer unless the good relationship they HAD with this family mean the driver/drivers parents are prepared to cut them a mid 5 figure check with few strings...

The reality is that the poster needs a lawyer and the person who deserves a lecture on bad policy choices is the drivers family. State minimum coverage on a minor is a disater waiting to happen... and look... it has.

 

[ecmst12]

My point was that you don't KNOW that the driver had state minimum LIABILITY coverage. A lawyer might make the OP's life easier, but I wouldn't say she absolutely NEEDS one yet, since she seems intent on not getting one.

 

[xylene]

My point was that you don't KNOW that the driver had state minimum LIABILITY coverage. A lawyer might make the OP's life easier, but I wouldn't say she absolutely NEEDS one yet, since she seems intent on not getting one.

Its true, their is something of an outside chance that the driver had a very non-standard policy with high liability and the state minimum PIP. I find that unlikely, almost to the extreme, for several reasons: policy rates and coverages are highly standardized and packaged (ie why negoatiate a higher liabilty limit with keeping the state minimum PIP for perhaps a savings of a few dollars....) and many carriers would not agree to it.

Lets say your right... their is some extra liability coverage remaining...

I still think the poster need a lawyer to move through this and more critically need to get past this weird 'being friendly' shtick and realize they need to go to bat for their daughter and her permanent injuries. BTW and to all the litigation haters please spare me the "we don't KNOW " routine. She has facial laceration and nasal and / or sinus injuries severe enough to require prompt surgery. Its a valid and defensible assumption and therefore basis to start any discussion from the vantage that she has permanent injury.

This means don't settle for less than the max you have coming to you, because if they settle for less it WON'T save whatever relationship these families have.

 

[tntbelt]

Thank you all for your responses..

I know their coverage is liability and I do assume its the state minimum which is 25/50/10.

The PIP is 10,000 which will cover mileage, loss wages, and medical bills per the PIP adjuster. The PIP is covered through their insurance and not mine. It is covered by the vehichle she was in.

I was told that the pain and suffering is handled by the other adjuster who when I first spoke to him he said he handled the collision part and I was asking about the medical bills so he had transferred me to the PIP adjuster.

Her surgery is not due to sinus or any nasal issues. Its basically will be for cosmetic reasons. Her nose is pushed over to one side quite significantly and she is quite uncomfortable with the way it looks. She is not shallow or vain in the least but she just doesn't feel herself with a smooshed over crooked nose. The bones are still loose in her nose and they suggested that it be done sooner than later if she chose to. Spoke to the adjuster and she said it would be covered under the PIP but may go over the 10,000 limit. She also said she would pay the bills as I see fit and reserve funds for any future work loss if needed.

Let me explain my hesitations with obtaining a lawyer. I used a lawyer about 16 years ago for an accident and felt like we had to do all the leg work. We had to contact all doctors, obtain the medical records, etc. It was a task trying to obtain all the information he needed and I remember one kept putting us off and eventually refused to even give it to us. He filed the paperwork and negotiated the settlement for not nearly what he told us he could a year before when we hired him. Then he got a third of the settlement.
That being said I am not totally against obtaining a lawyer if necessary. They do have the experience and knowledge to handle the case.

If I am only looking at a 5000 for her pain and suffering then its in her best interest for me to handle it instead of giving away a third of it. I am just trying to educate myself in the process to properly help my daughters situation. I always go to "bat" for my kids!!! That's what I am here for.

 

[ecmst12]

You had a crappy lawyer. I suggest you consult with a few of them and tell them your concerns. A good lawyer will do all the leg work for you.

 

[xylene]

BTW-

Nasal = nose



You had a crappy lawyer.

A good lawyer IS very much needed for this case.

Good luck.