If my child was in a car accident with his father, can I file claim on my child’s behalf even though I was not in the car at the time of the accident?

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If my child was in a car accident with his father, can I file claim on my child’s behalf even though I was not in the car at the time of the accident?

Asked on June 22, 2015 under Accident Law, Indiana

Answers:

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

Answered 5 years ago | Contributor

Yes, you will need to file a claim on behalf of your child if your child is a minor.

You will also need to be appointed guardian ad litem if a lawsuit is filed in court because a minor cannot file a lawsuit.  As guardian ad litem, you will be able to file a lawsuit on behalf of your child.


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