Bill Berkshire PC
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Website designed and maintained by Panacea Productions
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Concentrating in personal
injury and wrongful death cases
Son Hurt In AccidentQ: I was driving my 9-year old son home after a rainfall, went a little too fast and spun out, hitting a tree. My son broke his arm and has neck pain. My insurance has been paying the medical bills, but my wife said my son has a claim against me for his injuries. Is this true? A: Yes. Even though he is a member of your family, your son has a claim against you for going too fast and causing the accident and his injuries. You son's injury claim includes his medical bills plus a factor for his pain and suffering and for any long-term problems he may have due to the accident. However, your automobile insurance is responsible to defend you and to pay for your son's claim (up to the policy limits). As a practical matter, many injury claims are settled prior to actually going to trial. However, it is not a good idea to try to settle your son's claim with the insurance company until you know the full extent of his injuries, the total medical expenses and the prognosis for the future.
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