Auto Insurance Claims: Minor injured & driver had no insurance, Minor injured & driver had no insurance

Question
My daughter (who is 14) was injured while sitting on the back of friends car.  He needed to back his car up slightly to park on the street- he then decided he needed to turn around so he drove down the street to turn around & she fell of hitting her head. All she remembers is sitting on the car & he was going to back up.   She went to ICU (Brain Scain, etc) about 7K in bills.  She had 7 stitches, black eye etc. but was okay. Her AP diagnosed a traumatic head injury & no stress /mental anguish for 1 month.  The driver did not have insurance & was cited for reckless driving, driving insured & another ticket.  My medical declined to pay.  I have notified my car insurance but don't know if I should ask for any type of settlement for her.  She has a scar on her forehead and now having headaches.  They have assigned a uninsured motorist claim and PIP claim - but when I asked about her clothes that they cut off & other items.  They said it's not reimbursable.  The accident was 1 month ago.  We have never had to file any type of insurance claim like this so I just don't know what to do since it's my own insurance company.

Answer
Hello David,

I am sorry to hear about this. I hope she is recovering and that there is no residual consequences.
A um claim "makes" your INS the third party insurance company. You settle with them as if you are settling against the at fault insurance company. Yo have the same rights.

She would still have rights under the PIP and/or medical payments coverage. Under these coverage, it's unlikely that she would have coverage for her clothing, however under the um coverage, there would be coverage for that.

Under the UM coverage, she is entitled to pain and suffering.

Please see: http://www.auto-insurance- claim-advice.com

I hope this helps,


Good luck,
Anne
http://www.quirogalawoffice.com