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Involved in accident, insurance wants to settle, WWYD?

Posted by on Aug. 19, 2014 at 4:31 PM
  • 19 Replies

Six months ago we were involved in a serious car accident. I was driving, my boyfriend was sitting in the passenger seat, and our son was in the back. I was the only person to sustain injuries. I have an ongoing claim with the at-fault driver's insurance company for my pain and suffering, but they also opened injury claims for DS and SO. Right now, they want to settle DS's claim. He was not injured or otherwise affected by the accident, other than replaying the crash, asking where my car went and talking about fixing it. (The vehicle was totaled and I no longer have it.) Anyway, I'm not sure how much to request when it comes to settling DS's claim, and my lawyer can't really give me advice since it's not their case. My boyfriend got about $750 when he settled, although he had no injuries, but DS is only 5 and it could have been so much worse, so I want to request more than that.


How much would you request?

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by on Aug. 19, 2014 at 4:31 PM
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Replies (1-10):
Mom2jngnc
by Bronze Member on Aug. 19, 2014 at 4:33 PM

I wouldn't settle a claim on a child. 
I know in EMS (Emergency Medical Services) we can't destory any records for a child under 18. Normally we hold them for so many years, unless the person was treated under 18 then it becomes so many years after the turn 18.
HTH 

ATG499
by Member on Aug. 19, 2014 at 4:48 PM

Can you tell me why you wouldn't settle? Just wondering. I really have no clue about this stuff. He's been checked by doctors and everything is fine. He also has Autism so it's hard to pinpoint exactly why has behavioral changes.

Quoting Mom2jngnc:

I wouldn't settle a claim on a child. I know in EMS (Emergency Medical Services) we can't destory any records for a child under 18. Normally we hold them for so many years, unless the person was treated under 18 then it becomes so many years after the turn 18. HTH 


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MusherMaggie
by Bronze Member on Aug. 19, 2014 at 5:23 PM
It would be a heck of a lot more than $750! That doesn't even pay for an emergency room visit. I would say minimum $3000.
Patti-Gee
by Member on Aug. 19, 2014 at 5:25 PM


    I have absolutely no comment,  my mother and sister were killed as a result of a traffic accident, and my then 11 year old son was injured..

    The very last thing any of us thought about was how much should we get...

Mom2jngnc
by Bronze Member on Aug. 19, 2014 at 5:52 PM

Anything that  comes up later in life, that can be tied back to the accident, will no longer be the responsibility of the carrier. It would then be up to you to cover any medical issues, and depending on the documentation, your private health insurance may not have an obligation to pay if you have a "pre existing" clause. 

Quoting ATG499:

Can you tell me why you wouldn't settle? Just wondering. I really have no clue about this stuff. He's been checked by doctors and everything is fine. He also has Autism so it's hard to pinpoint exactly why has behavioral changes.

Quoting Mom2jngnc:

I wouldn't settle a claim on a child. I know in EMS (Emergency Medical Services) we can't destory any records for a child under 18. Normally we hold them for so many years, unless the person was treated under 18 then it becomes so many years after the turn 18. HTH 





atlmom2
by Ruby Member on Aug. 19, 2014 at 5:58 PM
1 mom liked this

Pre existing clauses are out due to Obamacare now.  I would try for a little more but unless you want it to go on for years and years for no reason you have to settle for some amount.  LIke you said he wasn't hurt. 

Quoting Mom2jngnc:

Anything that  comes up later in life, that can be tied back to the accident, will no longer be the responsibility of the carrier. It would then be up to you to cover any medical issues, and depending on the documentation, your private health insurance may not have an obligation to pay if you have a "pre existing" clause. 

Quoting ATG499:

Can you tell me why you wouldn't settle? Just wondering. I really have no clue about this stuff. He's been checked by doctors and everything is fine. He also has Autism so it's hard to pinpoint exactly why has behavioral changes.

Quoting Mom2jngnc:

I wouldn't settle a claim on a child. I know in EMS (Emergency Medical Services) we can't destory any records for a child under 18. Normally we hold them for so many years, unless the person was treated under 18 then it becomes so many years after the turn 18. HTH 


-PB
by Gold Member on Aug. 19, 2014 at 6:03 PM

 More than $750.  $750 seems crazy low to me (even for an adult) but I'm not a lawyer or insurance agent. 

I had some friends back in high school (like 15 years ago) who were in a bad accident (5 friends in the car) and the lowest amount for a non-injured child was $2,000.

atlmom2
by Ruby Member on Aug. 19, 2014 at 6:07 PM

I have never gotten a dime not being injured in an accident.  Zip zero.  I just got my car fixed by the other parties insurance. 

Quoting -PB:

 More than $750.  $750 seems crazy low to me (even for an adult) but I'm not a lawyer or insurance agent. 

I had some friends back in high school (like 15 years ago) who were in a bad accident (5 friends in the car) and the lowest amount for a non-injured child was $2,000.


GodsAmiga
by Bronze Member on Aug. 19, 2014 at 6:07 PM

Honestly, I wouldn't claim him at all. Especially since the accident doesn't seem to have caused pain of suffering for him. But I wouldn't claim myself if I had been injured either so *shrugs*

ATG499
by Member on Aug. 19, 2014 at 7:00 PM

I never planned to file a claim for him, and never wanted one. They did it on their own- just like they did with my boyfriend.

I was injured in the accident and am still suffering- hence why my claim will not be settled for a while.

Quoting GodsAmiga:

Honestly, I wouldn't claim him at all. Especially since the accident doesn't seem to have caused pain of suffering for him. But I wouldn't claim myself if I had been injured either so *shrugs*


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