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I have two daughters, ages 10 and 7 years old. This past weekend they
were visiting their father. When they returned home, they told me that
they were in an accident with their father. They also said that their
father went to the emergency room but, not take them. They are now both
having pain, soreness and headaches. Their father didn’t tell me what
happened at all. How do I do an insurance claim for them?
Asked on October 25, 2016 under Personal Injury, South Carolina
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
If the father was at fault in the accident, the personal injury claims for your daughters are filed with his insurance carrier.
If he was not at fault in the accident, the personal injury claims for your daughters are filed with the at-fault party's insurance carrier. Each daughter has a separate personal injury claim.
When each girl completes her medical treatment and is released by the doctor or is declared by the doctor to be permanent and stationary which means having reached a point in medical treatment where no further improvement is anticipated, obtain the medical bills and medical reports. The personal injury claims filed with the at-fault party's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of the injuries and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.
If each daughter's case is settled with the at-fault party's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the at-fault party's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the at-fault party. You will need to be appointed guardian ad litem to file a lawsuit on behalf of your daughter(s) because they are minors.
If the cases are NOT settled, the lawsuit for negligence against the at-fault party must be filed prior to the expiration of the applicable statute of limitations or your daughter(s) will lose her/ their rights forever in the matter.
If the case is settled with one but not both daughters, only name the daughter with whom the case has not settled as a plaintiff in the lawsuit.
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