QUESTION
Can I at least receive money for my lost wages from work to take care of her?
Asked on Jul 12th, 2016 on Personal Injury - California
More details to this question:
My 16 year old was in the back seat of a car and hit by a drunk driver. The drunk driver left the scene of the crime but was arrested because he hit the back of the car so hard his license plate fell off. Anyways, I have opened a claim for my daughter. The insurance company I'm working with had me fill out a lot of paper work, and include an ER bill which was $4500 and ambulance bill of $1900 plus the 13 days I had to take off work and did not receive pay. The insurance company is now saying that the money that will be issued to her might go into a trust until the age of 18. She was on crutches for over 13 days with ligament damage.
2 ANSWERS
I think you may have misunderstood them. ?Talk to them again. They should resolve all the medical bills right now, but normally any money for pain and suffering is put into a trust fund that she can not touch until she is 18. The physical injuries were to her and not you. Normally you might not be able to collect for your missed wages, but point out to them if you had hired someone to take care of her while she could not do so herself, or had her stay in the hospital, they would have had to pay even more. If the drunk driver was convicted or plead guilty to a felony, a California code section allows your daughter to collect any attorney fees incurred.
Answered on Aug 12th, 2016 at 5:05 AM
Edwin K. Niles
Your claim is separate from that of your daughter. Rule of thumb: If a minor?s claim is settled for more than $5,000, the insurance co. will want court approval and a deposit into a blocked account. Sounds as if her claim will be substantially more.
Answered on Aug 11th, 2016 at 6:27 PM