What can happen if you get in a car accident and have no car insurance and your child is seriously injured?

Asked on February 6, 2016 under Accident Law, Massachusetts

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If your step-daughter was NOT at fault in the accident, she can file claims for property damage (cost of repairs to her car) and personal injury for her baby with the at-fault party's insurance company.
If your step-daughter was at fault in the accident and did not have insurance, she will be sued by the other driver who was not at fault in the accident or by the other driver's insurance company if the other driver had uninsured motorist coverage.
If your step-daughter was NOT at fault in the accident, she should notify the at-fault party's insurance carrier in writing of the her baby's personal injury claim.  When the baby completes his/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 his/her medical treatment where no further improvement is anticipated, your step-daughter should obtain the baby's medical bills and medical reports.
Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of the baby's injuries and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  If the case is settled with the at-fault party's insurance carrier, NO lawsuit is filed.
If your step-daughter is dissatisfied with settlement offers from the at-fault party's insurance carrier, she should reject the settlement offers and file a lawsuit on behalf of her baby for negligence against the at-fault party.  Your step-daughter will need to be appointed guardian ad litem to file a lawsuit on behalf of her baby because the child is a minor.
If the case is NOT settled with the at-fault party's insurance carrier, your step-daughter's lawsuit on behalf of her baby for negligence against the at-fault party, must be filed prior to the expiration of the applicable statute of limitations or the baby will lose his/her rights in the matter forever.
 


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