What’s the law about an uninsured 18 year old passenger who was hurt in an accident?

My 18 year old daughter 18 and her 18 year old friend, who was uninsured, were involved in a 1 vehicle roll over accident. Both parties had injuries and were hospitalized. However, now the parents of the passenger wanting to come after me for the their daughter’s expenses. Is it illegal to not insure your child?

Asked on March 30, 2017 under Personal Injury, Nebraska

Answers:

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

Answered 3 years ago | Contributor

Under Obamacare everyone is required to have health insurance; however, that is not the issue here.  Even if the passenger had health insurance, she would still file a claim against your daughter's auto insurance carrier for her injuries.
When the passenger 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 her medical treatment where no further improvement is anticipated, she should file a claim with your daughter's insurance carrier.  The personal injury claim would include the medical bills, medical reports and if applicable, documentation of wage loss.
Compensation for the medical bills is straight reimbursement. The medical reports document the injury and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.
If the passenger's case is settled with your daughter's auto insurance carrier, NO lawsuit is filed.
If the case is NOT settled, the passenger could sue your daughter for negligence.  Her parents should pursue a claim against your daughter's insurance company.  If that claim is not settled, then they would file their lawsuit against you and your daughter.  You should refer the lawsuit to your daughter's insurance carrier which will provide you with an attorney at no cost.


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