What can I do if a child was hurt in a car accident? 37 Answers as of September 19, 2012

what is my responsibility if a child at my sons school asked for a ride home without his parents permission and on the way there I was in an auto accident and he was injured?

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Wilson & Hajek, LLC
Wilson & Hajek, LLC | Eddie W. Wilson
If you were at fault your insurance is on the hook. If not, the negligent insured's company is responsible. In any event you should notify your insurance co.
Answer Applies to: Virginia
Replied: 8/8/2011
Lacy Fields, Attorney at Law, LLC
Lacy Fields, Attorney at Law, LLC | Lacy Fields
I suppose you could be sued, but more likely the parents will go after the person who is at fault for the accident. If that is you, you are in trouble. If that is someone else, they are in trouble. However, your auto insurance will defend the lawsuit. You should not personally have to hire an attorney unless you do not have any insurance.
Answer Applies to: Missouri
Replied: 8/8/2011
Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
Whoever is at fault will be responsible. It's no excuse that he didn't have your permission. The insurance companies will figure it out.
Answer Applies to: New York
Replied: 8/7/2011
The Law Office of Josh Lamborn, P.C.
The Law Office of Josh Lamborn, P.C. | Josh Lamborn
If you were negligent and caused the child's injuries you are responsible for paying for the child's medical expenses and pain and suffering. If you have auto insurance then your company will indemnify you for the damages up to the policy limit for bodily injury. If the child was seriously injured to the point that the damages exceed the limits, you are on the hook for the overage.
Answer Applies to: Oregon
Replied: 8/6/2011
ROWE LAW FIRM
ROWE LAW FIRM | Jeffrey S. Wittenbrink
You are responsible for injuries to passengers in your car if a) you were negligent, and maybe if b) you are transporting a minor without their parent's consent. If you have liability insurance, you should be covered for the minor's injuries if you are at fault. Even if you are not at fault, many times your car insurance will have a "medical payments" provision, which would cover the child's medical expenses up to a certain limit.
Answer Applies to: Louisiana
Replied: 8/5/2011
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    If you were at fault in the accident, then you are responsible for any damages the child suffered, including medical bills and pain and suffering. However, your car insurance should cover the damages and pay for any necessary legal representation. If you were not at fault, you have no responsibility.
    Answer Applies to: South Carolina
    Replied: 8/5/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Report the incident to your carrier. If you were not at fault, you are not liable. However, that does not mean that some attorney won't name you in a law suit.
    Answer Applies to: California
    Replied: 8/5/2011
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    It depends on who was at fault. If the other driver was at fault, that driver would be responsible for your automobile, your injury and your passengers' injuries.
    Answer Applies to: Illinois
    Replied: 8/8/2011
    Coulter's Law
    Coulter's Law | Coulter K. Richardson
    Unless the parents want to go the route of accusing you of assault, which is what would be alleged if a doctor operated on you without your permission, your liability would be no greater than it would otherwise be if the child's parents had given permission. Your primary concern is whether you were at fault in the accident. Whether you were or were not, don't admit that you were.
    Answer Applies to: New Jersey
    Replied: 8/5/2011
    Timothy Jones, Attorney at Law
    Timothy Jones, Attorney at Law | Timothy Jones
    Notify your insurance carrier. A claim can and likely will be presented on behalf of the child. Your insurance carrier will deal directly with representatives for the child. If a lawsuit is filed, they will retain counsel to represent you.
    Answer Applies to: Oregon
    Replied: 8/5/2011
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    Hopefully you have insurance. If you do, they will take care of it. If the other driver was at fault, that persons insurance will handle the claim. If you were at fault and have no insurance, then you can be held responsible for his medical expenses and any additional damages his parents may claim on his behalf.
    Answer Applies to: California
    Replied: 8/5/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    If the accident was your fault, then you are responsible for paying for the child's injuries. You should refer the matter to your insurance company. If the accident was not your fault, then the other driver and his/her insurance co. are responsible for compensating the injured child.
    Answer Applies to: Oregon
    Replied: 8/5/2011
    Cary J. Wintroub & Associates
    Cary J. Wintroub & Associates | Cary J. Wintroub
    Based on your description your best action would be against the responsible driver. Please feel free to contact us directly for any questions or assistance we can provide.
    Answer Applies to: Illinois
    Replied: 8/5/2011
    Olson Althauser Samuelson & Rayan, LLP
    Olson Althauser Samuelson & Rayan, LLP | Todd S. Rayan
    The child will have a claim against your insurance and also against the at fault driver. If you were at fault the child will sue you and your insurance company will represent you under the policy. If the value of the damages exceeds your insurance limits, you may be personally liable for the difference. Similarly, if you were not at fault, then the other driver would face the same liability issues.
    Answer Applies to: Washington
    Replied: 8/5/2011
    Law Offices of Earl K. Straight
    Law Offices of Earl K. Straight | Earl K. Straight
    Depends on who is at fault for the accident. The childs parents may bring a claim against the at fault party for their childs injuries. If you were at fault, that claim would be made against you or your insurance company.
    Answer Applies to: Texas
    Replied: 8/5/2011
    Tenge Law Firm, LLC
    Tenge Law Firm, LLC | J. Todd Tenge
    It depends on whether the accident was your fault. If it was, then yes. However, that is what your auto liability insurance is for. If it was not your fault, then the parents would have a claim against the other (at fault) driver.
    Answer Applies to: Colorado
    Replied: 8/5/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    any passenger in a car can bring a claim against the other vehicle and the driver of the vehicle he was in The information contained in this email may be confidential and/or legally privileged. It has been sent for the sole use of the intended recipient(s). If the reader of this message is not an intended recipient, you are hereby notified that any unauthorized review, use, disclosure, dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please contact the sender by reply email and destroy all copies of the original message. Thank you for your anticipated cooperation.
    Answer Applies to: Connecticut
    Replied: 8/5/2011
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    Are you thinking that the injured child's parents might have given you permission to hurt their child? You are a grown-up. You are responsible for your mistakes, called negligence in legalese. Tell your insurance company what happened and let them take care of it. If you didn't have insurance, shame on you. You will have to pay from your budget.
    Answer Applies to: Montana
    Replied: 8/5/2011
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    Retain and/or consult with a local personal injury attorney.
    Answer Applies to: Indiana
    Replied: 8/5/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    Report it to your insurance company immediately.
    Answer Applies to: Florida
    Replied: 8/5/2011
    Patrick M Lamar Attorney
    Patrick M Lamar Attorney | Patrick M Lamar
    Really, none. The Alabama guest passenger statute does not allow for negligence suits against drivers who are giving rides that are not for hire or paid for. Talk to your insurance company. They will provide a lawyer and he or she can explain this in more detail.
    Answer Applies to: Alabama
    Replied: 8/5/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    The person who caused the accident is responsible. You didn't say who that was
    Answer Applies to: North Carolina
    Replied: 8/5/2011
    Andrew R. Lynch, P.C.
    Andrew R. Lynch, P.C. | Andrew R. Lynch
    Under Georgia law the parent of the child would have a legal cause of action for any pain and injuries caused by the accident. If the other driver was at fault then that is who they would pursue; if you were at fault then they should make a claim against you; and if it is unclear who is at fault, then they should pursue a claim against both drivers. Thank you,
    Answer Applies to: Georgia
    Replied: 8/5/2011
    Law Offices of Richard Copeland, LLC
    Law Offices of Richard Copeland, LLC | Richard Copeland
    Your responsibility depends on whether you were at fault for the accident. If the accident was your fault, then the parents of the child can bring a claim against you individually for their accident-related economic damages and on behalf of the child for his pain and suffering and other non-economic elements of damages. You need to report this accident to your insurance company promptly whether or not it was your fault. It is likely that your insurance policy may contain medical payments coverage. Most policies do. The parents of your injured passenger can submit their medical bills to your insurance carrier and apply for the medical payments coverage provided by the policy. This is no fault coverage the express purpose of which is to provide medical benefits to those injured while riding in your vehicle.
    Answer Applies to: Colorado
    Replied: 8/5/2011
    Craig Kelley & Faultless
    Craig Kelley & Faultless | David W. Craig
    There are two issues raised by your question. First you would only be liable for the childs injuries if your carelessness caused the childs injuries. Just because you decide to take a child home doesn't by itself make you liable for her/his injuries. For example if you are driving the child home and someone else runs a red light and hits your car causing the child to be injured the fault would be placed on the person who ran the red light. That person would be responsible for the injuries and damage to the child. If that person had no insurance then your uninsured motorist coverage would pay for the childs injuries. Whether you should take a child home without that Childs parents permission is a different question. The answer to that question depends on the age of the child and your relationship to the childrens parents. It would also depend on the specific facts of each case. Regardless whether you should or not the fact that you doesn't automatically responsible for the childs injuries.
    Answer Applies to: Indiana
    Replied: 8/5/2011
    The Torkzadeh Law Firm
    The Torkzadeh Law Firm | Reza Torkzadeh
    Your questions requires an evaluation of a number of factors including who was at fault the injuries and a host of other elements that come into play. If the accident was your fault, you may want to immediately speak with your insurance company or an attorney who can properly advise you on what you need to do.
    Answer Applies to: California
    Replied: 9/19/2012
    Ewusiak & Roberts, P.A.
    Ewusiak & Roberts, P.A. | Christopher J. Roberts
    In any situation where a passenger is injured in a car accident, there is a potential claim against any at-fault party. If you were at fault for the accident, the child's parents could bring an action against you to recover medical expenses and other consequential damages. You should contact your insurance company right away. They will help you determine what to do, and if necessary they should hire you a lawyer to defend your interests.
    Answer Applies to: Florida
    Replied: 2/20/2012
    A. Daniel Woska & Associates, P.C.
    A. Daniel Woska & Associates, P.C. | Dan Woska
    It sounds as if you are asking if the invitee boy riding in your car has a claim as a result of being injured in an accident involving the car you were driving. The answer requires more information like do you have insurance on your car and have you spoken with your agent? Who was ticketed at the scene of the accident? How badly was the boy hurt and has the insurance company for the other driver involved in the wreck been contacted and notified about the injuries suffered by the boy riding in your car? If not, your insurance company needs to get involved and determine who caused the accident and was the other driver partially at fault? There may be multiple parties with multiple claims to be sorted out before making any decisions. "Direct threats require decisive action."
    Answer Applies to: Oklahoma
    Replied: 8/5/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Turn it over to your auto insurance carrier and they will handle the claim, defend you in court for free, and cover the damages up to your chosen policy limits.
    Answer Applies to: Michigan
    Replied: 8/5/2011
    Lyle B. Masnikoff and Associates
    Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
    You and your insurance company will be responsible.
    Answer Applies to: Florida
    Replied: 8/5/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    Assuming you were at fault for the accident, you are liable as the driver/owner of the car to everyone in your car and everyone in the other car. It has nothing to do with whether he had permission. Notify your auto insurance carrier asap to protect your coverage.
    Answer Applies to: New York
    Replied: 8/5/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    Your auto insurance will cover the accident. The school would be responsible for letting him go home with you.
    Answer Applies to: Pennsylvania
    Replied: 8/5/2011
    Magnuson Lowell P.S.
    Magnuson Lowell P.S. | Richard S. Lowell
    The answer to this question depends on who was at fault. If you were at fault, you need to contact your own insurance company to advise of the accident details. Your own insurance company will deal with the child's parents and - hopefully - resolve any claim they may have for their child. If you were not at fault, although you should advise your own insurance company, you need to provide the contact and insurance information for the 'at fault' driver to the child's parents.
    Answer Applies to: Washington
    Replied: 8/5/2011
    David Hoines Law
    David Hoines Law | David Hoines
    who is at fault for the accident? If you, then your responsibility; if not other driver who was at fault, unless you failed to have the child properly seatbelted
    Answer Applies to: Florida
    Replied: 8/5/2011
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