Can a minor collect a settlement from a car accident?

Question

My son was under 18, and was in a car accident. Now that we are settling, he is now 18. Should the check be written to me or my son being that he was under 18 when it all happened?

Ronald Lowry · Answer

To your son now that he is over 18.

Reza Torkzadeh · Answer

I suggest you speak with an attorney regarding this particular situation.  Generally speaking, once a minor becomes an adult, a recovery in a personal injury case can be written directly to him without having a minor's compromise, which is required in any settlement above a specific amount.

Donald Broad · Answer

In Indiana, the check can be written to the now 18-year-old adult.

Ryan Hilts · Answer

Now that he is 18 (assuming this is in Oregon) the check can be written to him.

Kevin Habberfield · Answer

Once he turns 18 he is considered an adult, age of majority, under the law and can received settlement funds directly. Try to counsel him on using the funds and also he should consider that it could affect his ability to receive financial aid, if he is college bound. A structured settlement is a great way to go. Talk to his attorney about it.

Kenneth Wincorn · Answer

Depending on the amount, the court may require an escrow account that he can access when he becomes an adult. If small (less than $2500) the judge may allow it to be paid to the parent.

James Kelaher · Answer

Your son legally has the right to the funds but discuss it with the lawyer and ask your lawyer about an annuity so your son won't get his hands on a lot of money as he turns 18.....the money will be gone in a New York second.

David Stoddard · Answer

It should be written to him now that he is an adult.  F

Bernard Huff · Answer

If your son is now of the legal age in your State where the accident happened, the insurance Company can reach a settlement of his claim with him. Did you initiate the claim as his representative and pay any out-of-pocket expenses? If so, you should be reimbursed.

Paul Whitfield · Answer

He is of full age and can now do what he pleases to do. You have no legal control of the matter. He does.

Paul Samakow · Answer

If the settlement funds are delivered before when your son is under   age 18, they are typically delivered to a parent, and that is after a   court approves the settlement.  The funds are then placed into a   special account which draws interest and delivered to your son when he   turns 18.  The parents are required to account for the funds with a   court appointed commissioner.  For smaller amounts (usually $5,000.00   or less), most courts will allow the parents to hold the money.  If   the settlement funds are delivered when your son is age 18 or older,   the funds go directly to him (check is written to him).  When the   accident happened is not relevant.

Andrew Velonis · Answer

He is 18 now, he gets the money.

Stephen Lombardi · Answer

Yes, your son may collect a settlement from a car accident after he   is 18. It's difficult to explain to an 18 year old that although they have  now  reached majority, they still need our help, guidance and assistance.  But yes the  check will be written to both of you, because parents have a  claim for medical  expenses since during minority they are responsible for a  "child's" medical  care. So yes about your son, but the check should be  written to both of you, or  at least split between your son and you.

Michael Heilmann · Answer

Check goes to your son who is an adult.

Jared Altman · Answer

The check must be written to him because he is now eighteen.

Timothy Klisz · Answer

He can get the money. He is now over 18, the age of majority.

Ehsan Eftekhari · Answer

The check will be written to the personal representative named in the complaint. However, I am sure his name will be on the check too. In any case the money is his.

Irving Blank · Answer

It should to your son.

Brian Bourke · Answer

Generally, all settlements for minors need Court approval.  However, if your son has reached 18 at the time of the settlement, he can now sign the release and the monies can be paid directly to him and not held in a blocked account as is the case for a minor.  If he had an attorney while a minor, you will want to discuss with the attorney that his fee probably will stay at 25%, which is the usual percentage on a minor's claim at time of retention.

Steven D. Dunnings · Answer

He is an adult now.

David Craig · Answer

He gets the check since he is 18 now.  Had the case been settled before he was 18 then the court would have had to approve the settlement and would have required the money be put in a restricted bank account.  The when the child turns 18 the money is released to the child.

A. Woska · Answer

The check can be written to him. Regardless of when the accident happened, it is when is the settlement being entered into that determines whether he is treated as a minor or an adult. However, as a parent you still need to see if you can help him figure out what to do with any monies he receives and perhaps talk with an accountant and see if he has any suggestions.

Thomas Bulman · Answer

He is an adult now, so the settlement is his and he should sign.  You will warn him to save it and he will probably ignore your good advice.

Garrett S. Handy · Answer

Now that he is 18 years old, your son is no longer a minor.  In my opinion, the check should be written out to your son.

Robert Lucky · Answer

Now that your son is of age, the check should be issued to your son.

Steven A. Schwartz · Answer

Now that your son is of majority age, he can now make decisions on his own.  In my office, we typically would execute new papers signed by your son in order for him to effectuate control.  The settlement money is for him, so it should go to him.  Even if the check were written to you as father and guardian, it would be your obligation to maintain it for him as it is his money.  Easiest thing to do is have your son handle things from this point forward.

Eric Rothstein · Answer

The check would never be written to you.  As he is 18, he gets the check. If he was under 18, the check would be deposited in savings bank under an Infant's Compromise Order issued by the court.

Richard Lowell · Answer

Since he is now 18, his settlement check can (and should) be written to him.

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