What steps to take

[J_Ash21]

My 2 yr old son was in a car accident with the babysitter. He was not physically hurt. He was Air Evac to the hospital and observed for 24 hours. My question is that the babysitter was drinking and driving, and was the cause of the accident. She has liability insurance, what steps of action should i take.

 

[lawrat]

I am a law school graduate. What I offer is mere information not to be construed as forming an attorney client relationship.

I assume and hope that you can substantiate that the babysitter was drinking and driving. If she has insurance, then insurance must pay for your son's injuries and pain and suffering. If the judgment is more than the insurance coverage, this woman should be personally liable.

You might think of pressing criminal charges by contacting the authorities.

Hope this helps.

 

[Tracey]

Lawrat is absolutely correct. However, DO NOT, DO NOT, DO NOT, DO NOT make any attempt to settle this claim for at least 5 years. You have until your son's 20th birthday to sue her and her insurance company. You won't know of any congnative injuries until he's old enough for school, at least. Go see a lawyer, notify the insurance company, and wait.

IF your lawyer advises it, you might just settle with the insurance co. now for the policy limits and invest the money in an education fund. You can always sue the driver later. She's more likely to have more money later, after she quits drinking.


AZ Code
Chapter 12-502. Effect of minority or insanity

If a person entitled to bring an action other than those set forth in article 2 of this chapter is at the time the cause of action accrues either under eighteen years of age or of unsound mind, the period of such disability shall not be deemed a portion of the period limited for commencement of the action. Such person shall have the same time after removal of the disability which is allowed to others.


12-542. Injury to person; injury when death ensues; injury to property; conversion of property; forcible entry and forcible detainer; two year limitation

Except as provided in section 12-551 there shall be commenced and prosecuted within two years after the cause of action accrues, and not afterward, the following actions:

1. For injuries done to the person of another including causes of action for medical malpractice as defined in section 12-561.


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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

[This message has been edited by Tracey (edited May 29, 2000).]

[This message has been edited by Tracey (edited May 29, 2000).]