California Car Accidents with Children in the Car
Car accidents can be terrifying, especially if it involves a child injured in a car accident in California. Children and passengers are treated a little differently than adults and drivers. If you would like to know more, keep reading to learn more about California Car accidents with children in the car.
Does Compensation Cover Kid’s Injuries?
Your child’s injuries are covered under two circumstances. First, if the other driver caused the accident, they are responsible for all damages and injuries for everyone in the vehicle, including any minors. Similarly, if you caused the accident, your liability insurance (which is required in most states for most drivers) covers injuries for anyone in the other car, including kids.
Medical payment coverage pays for injuries to you or anyone in your vehicle if you caused an accident, including any minors. PIP or personal injury protection also helps cover any medical expenses related to the accident.
What Type of Damages Are Covered?
It depends on the policy, but both property damage and personal injury for your child. These include soft-tissue injuries (bruises, sprains, strains, etc.) and hard-tissue injuries (broken bones, spine damage, skull injury, etc.).
If the accident led to more catastrophic injuries, you may also want to pursue pain and suffering for your child. Pain and suffering coverage provides money for long-term conditions, including:
- Paralysis
- Traumatic brain injury
- Burns
- Scarring
- Depression
- Anxiety/PTSD
Other types of damages you may get include economic/special damages, non-monetary damages, and punitive damages. you can talk with your San Diego car accident involving children attorney for more information.
What Is the Statute of Limitations?
You should report the accident immediately and start pursuing reimbursement because there is a time limit. The statute of limitations for most adults is two years. Luckily, minors may get a little more time, depending on their age because they are allowed to file a lawsuit until they are 18 years old.
What if Your Child Dies?
If your child dies in a car accident that wasn’t your fault, you may be able to sue for wrongful death. Wrongful death claims provide some financial help for you and punishment for the other driver. With wrongful death, your San Diego car accident lawyer can get money for funeral and burial costs, loss of expected income, loss of the value of services they provide, and loss of care/guidance/compassion.
What Are My Rights as a Passenger in the Car Accident in California?
Passengers have more leeway to sue after an accident because they didn’t cause the accident. You can determine who caused the accident first, but it’s best to file with both insurance carriers and let them hash it who owes you money. In some cases, you may get money from both carriers if both drivers are at-fault.
If the passenger and driver are related, the passenger may only be allowed to file a medical payment coverage claim under the family member’s policy. If neither driver has insurance, the passenger can file a claim with their own auto insurance policy, if they have insurance.
Why Hire a California Child Injury Attorney for a Child Injured in a Car Accident?
The leading reason to hire an attorney is so they talk with the insurance carrier for you. The insurance carrier will try to get you to accept a low offer fast, and unless you have a lot of education and experience, you may not be able to spot a fair settlement, but your San Diego car accident lawyer can negotiate a fair settlement.
Other reasons to hire an attorney after an accident include:
- Proving who caused the accident
- Fighting for wrongful death or pain and suffering
- Monitoring the statute of limitations
- Working with your doctor
If you’ve been in an accident with your child, you should consult an attorney. Your child has until they are 18 to file a lawsuit but getting the money sooner can mean getting treatment sooner. If you would like to know more, contact a San Diego personal injury lawyer at the Law Offices of Keith J. Stone.
