Am I owed money regarding a car accident?

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Am I owed money regarding a car accident?

About 10 years ago, I was in an auto accident with my cousin and her daughter. I was 14 or 15 at the time of the accident. My cousin was driving and her 7 year old daughter was in the

passenger seat with no seat belt and I was in the back behind the driver’s seat. I was asleep at the time of impact but when I woke up I was covered in blood and had glass in face. My cousin was crying and screaming over her daughter because she was hurt the worst as the other car hit the passenger side. Now what I was told was that’s it was the city that was at fault. Now here’s where I need your help, my cousin called my mom and told her that she would write her a personal check for $1000 out of her personal account for my being in the accident. I feel like I should’ve gotten more and I want I to know if there is a way I can find out how much she was rewarded and am I entitled to some money?

Asked on September 6, 2018 under Accident Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Unless your family filed a legal action at the time, you are not entitled to anything. Just because someone else was awarded money does not mean you get a share of it, even if you were in the same accident: you must at the least put in a claim *at the time* (it is too late now, 10 years later) and likely (if they did not then accept and agree to pay the claim) file a lawsuit or legal action, too. Your cousin evidently did so if she is receiving money; if your family (since you were a minor, they would have had to do it for you) did not, you are not entitled to anything, and if she is voluntarily giving you $1,000, you are actually coming out ahead, since she did not need to do that.


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