Auto Insurance Claims: Claims handling procdures, bodily injuries, settlement funds


Question
My question involves a minor son, I was at fault in this and as a result of an auto accident, his leg was broken.  

My question is this, my insurance company settled with my ex-wife for bodily injuries, against my wishes, we have joint-legal custoday of the minor child. She supposedly took the proceeds of the settlement and put them into CD's and I am wondering if the insurance company was right to do allow this or if I should have had to sign off on the offer as well.  Please let me know.

Thanks.

Answer
Hi Jeff,
You state that your son's injury was due to your being at fault in an accident.
This means that you and your insurance company were the defendants in the injury claim.
Since you were the defendant, you can't also be a claimant.  Your insurance company couldn't get you to approve the settlement of a claim that was filed against you.
It sounds like the entire matter was handled properly.
In most states, a minor's claim must be approved in court by a judge who then orders the settlement funds be placed in a trust fund until your son becomes of legal age, then he can withdraw the proceeds.
You should be able to learn from your insurance company if your son's claim was handled in such a manner.
I hope this information has been of help.
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area