Can I sue in behalf of my daughter if she was hurt while riding with her father in an auto accident?

Question

My daughter was visiting with her father. They were going to the store when another car hit them. She was hurt and suffered after the accident, along with body ache and is still having headaches, broken glasses. She goes for another MRI soon. I was told by the insurance company that I can't sue for any damages because she is under aged and because she was in the car with her father. How can this be? She is hurt and now I am stuck with a medical bill and there is more coming. What about the people that hit them? Do they not have insurance that insure people when there has been an accident?

Ronald A. Steinberg · Answer

Go talk to a lawyer.  First, why is her dad responsible if it was the other guy's fault.  Second, if it happened in Michigan, the medical bills will be covered by the car insurance.

Edwin K. Niles · Answer

Did you think the insurance company would help you?  Not.  See a lawyer.

Dennis Pennington · Answer

She has a claim.  Talk to a lawyer.

William Andrews · Answer

In Utah, you most certainly file a lawsuit in court and file a claim on behalf of your daughter for the injuries she sustained in the car accident.  What the the insurance company rep told you is wrong.  Your daughter has $3,000.00 PIP (Personal Injury Protection) available from the car accident that automatically pays her medical bills up to $3,000.00.  Then, if he healthcare bills are more than $3,000.00, you can make a claim on your daughter's behalf for her injuries against the person who hit the car she was in.  The car insurance company of the driver that caused the accident is liable to pay for your daughter's current and future medical care and bills.  If, however, that driver did not have insurance, as sometimes is the case, then you can make a claim (and file a lawsuit if needed) against the car insurance company that insured your daughter's father's car at the time of the accident.  Finally, if that insurance is not enough to cover her needs, then you may be able to make a claim with your car insurance company too, depending on the facts and policy coverage.  Immediately contact a lawyer that focuses exclusively in injury law to help your daughter get her medical bills paid and get fair financial compensation.  Good luck to your daughter, and you, during this challenging time.

Jules D'Alessandro · Answer

Whomever told you that from the insurance company is a lying piece of sh@!  Feel free to quote me.  You absolutely have the right to sue the insurance company for the other driver on behalf of your minor child.

Wayne Wimer · Answer

The insurance company is lying to you, and of course that is standard procedure for most insurers. Your daughter is a minor. She can't sue on her own behalf. You as the guardian of the child can bring suit against the driver of the car that hit them and against her father (if he was negligent).

James Eugene Hasser · Answer

Your daughter has a claim against the other driver, presuming he or she was at fault. The guest passenger statute prevents suit against the driver of the car she was in unless they were grossly negligent; i.e. drunk, drugs, etc. The medical payments provision under the dad's car should cover the medical bills up to the limits of the coverage. I would put her medical bills under her regular insurance first and use the med pay money for co-pays and deductibles. You may want to consult an experienced personal injury lawyer, though, because it can get quite complicated.

Gregory Janks · Answer

Michigan law indicates that medical benefits are covered by the no fault insurer of the household where your daughter lives. So you should not be out any money for medical treatment. Further, anyone who has suffered a serious impairment of a body function, no matter their age, may make a pain and suffering claim against the at fault owner(s)/driver(s). Typically this claim must be brought within 3 years; however, a minor has until their 19th birthday (1 year after the age of majority in Michigan) to file the claim. So the claim can be made now or later. Never listen to any insurance company that indicates a claim can't be brought. Always seek legal advice instead.

J. Michael End · Answer

A claim can be made for your daughter's injuries and for the medical bills. Find a lawyer in your area who represents people injured by the negligence of others and hire him or her to help you pursue the case for your daughter.

Pius Joseph · Answer

Sure you can file an action on behalf of your minor daughter against the third party causing the accident, so long as you have guardianship of your daughter. Do not buy insurance company's misinformation since they are trying to mislead you. In  cases like this I suggest you are better represented by a lawyer than doing this alone.

Sam Aguiar · Answer

The answer to your question in Kentucky is yes, you may sue on behalf of your daughter should you be her guardian. However, do keep in mind that any award for damages would be for her, not you; typically here, this is handled by placing the recovery in trust for the minor until she reaches 18. Her medical bills should be paid out of this recovery prior to that time to assure that you are not stuck with them.

Matthew Kaplan · Answer

That is not true. If your daughter is a minor, you just need to be appointed as her Guardian by the court. Then you can sue all the responsible parties. If this happened in Oregon, her father's auto insurance should be paying her medical bills through his PIP. PIP stands for Personal Injury Protection and is a requirement on all non-commercial auto policies in Oregon.

Richard Baker · Answer

Yes, you may bring a claim or lawsuit against the other driver who hit the vehicle in which your daughter was a guest passenger, and also against the uninsured motorist provisions of the fathers insurance carrier. Additionally, the medical payments provisions of the fathers insurance carrier should pay medical expenses up to its policy limits. In Tennessee, the statute of limitations is one year from the date of the accident for the parents claim for medical expenses and until the child's 19th birthday for the injury claims.

NA richard@jandjlaw.com · Answer

The injury claim belongs to the child. She will need a Guardian Ad Litem since she's a minor. Was the dad negligent, too? Daughter may have claims against both drivers? Are you the primary custodial parent? Did the MVA occur in WA? Parents if minor children have a statutory claim for the medical build and for your child being injured. Suggest you talk with a tort lawyer.

Steven Fluhr · Answer

You have he right to sue on behalf of your daughter if you are appointed her next friend by the court. You can collect from her father's insurance carrier if he had med pay. You can collect from the responsible party's insurance if he had some and if not from father's uninsured motorist and maybe even your own uninsured motorist.

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Can I sue in behalf of my daughter if she was hurt while riding with her father in an auto accident?

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