QuestionMy daughter was in an accident as a passenger. The vehicle she was in rear ended someone else. I took her to the ER. She had some minor injuries. Sprained ankle, whip lash. The parent of the at fault driver wanted to keep insurance from being involved. I told him I will do what I can. When my health insurance covered the ER visit her paid the co-pay. My daughter is having back problems and has to go to a chiropractor. They want his insurance information. I was also contacted by the hospital and they too want his insurance info. He is refusing to give it to me. He does not want his son's rates to go up. I explained to him the bills he will have to cover will greatly exceed his insurance going up. Currently there are $1,500 in bills to be paid. What should I do next? I don't have a PIP policy to fall back on.
Thanks
AnswerHi Sabrina,
I hope that you will not shoot the messenger because I am about to give you a lot of information that will be helpful, but will also show that there is a ton of stuff you still need to do. The very best thing that you did is to ask Dr. Settlement, Internet insurance claims expert. They make us put that kind of fluff around our names here, so sorry about that as well!
Anyway, Sabrina, I am going to divide your answer into five categories, as follows:
#1. Minor Settlements are Controlled by Courts
#2. No Recorded Statements to Adjuster
#3. Use Driver's PIP, not tortfeasor's insurance (i.e. insurance for the son)
#4. Inform Dad that DMV will NOW suspend the driver's licenses of BOTH his son AND him.
#5. Buy PIP and UIM ASAP!!
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Ready, Sabrina? Here we go:
#1. Minor Settlements are Controlled by Courts
To begin with, your daughter suffered soft tissue injuries, AND those will not just go away next week. She is young, so healing will be faster than for older victims. But still, at the very least, she could be left with scar tissue on her damaged ligaments and that scar tissue does not have the same elasticity as the original.
But from what you said to me, I am going to surmise that she does have an injury that will take some time and treatments to heal. She may be left more susceptible to future injury with less trauma (i.e. impact) than before.
She DOES have an insurance claim, and while you can help to make the claim and to arrive at a settlement, everything will have to be approved by a court.
You, as a parent have NO AUTHORITY to make any final compromises in the injury claim of your daughter since the claim belongs to her. Only a court can approve a minor settlement. It is for the protection of the minors. So tell the jackass Dad that an attorney will have to be appointed in any event, and no attorney is going to goof around the way the Dad wants to. BTW, try to make the tortfeasor's insurer pay for the court-appointed attorney and for the entire approval process.
Frequently Asked Questions: Minor Settlement Approval
http://www.settlementcentral.com/page8017.htm
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#2. No Recorded Statements to Adjuster
Please say one 100 times and write on the board 50 times: "I will politely decline to give any recorded statements to any insurance adjusters at any time."
http://www.settlementcentral.com/page0206.htm
Do NOT let your daughter—or yourself—be recorded by the tortfeasor's insurer. They do NOT have any right or requirement (other than their own company's attempt to screw people) to record you or your daughter.
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#3. Use Driver's PIP, not tortfeasor's insurance (i.e. insurance for the son)
NEVER EVER use the tortfeasor's insurance to pay the bills. Your daughter is an insured of the driver. I do NOT care whether or not the driver or her parents want to open a claim under their insurance. IT IS NOT THEIR CHOICE. Your daughter, as a passenger, is fully insured, and she has the right to open her own PIP claim under that insurance even if the driver and her parents are against doing so. INSIST ON THIS. Here is why you NEVER want to use the tortfeasor's insurance:
Personal Injury Insurance Claim: Insurance Company Payment of Medical Expenses as Incurred http://www.settlementcentral.com/page0201.htm
Tell the parents of the driver that there is NO WAY that their insurance can ever count it against them for opening a claim. You are in a "BLUE" state, with a tremendous State Insurance Commissioner, Mike Kreidler. http://www.insurance.wa.gov/about/mike_kreidler.shtml
Since Washington is a "Blue" state, both the legislature and the Insurance Commissioner of Washington listen to the Washington State Association for Justice (the state trial attorneys association) to ensure the fairest regulations on insurance. You can call Commissioner Kreidler office (use the link above) and you will get a prompt, courteous response on this issue. They will assure the parents of the driver that their insurer CAN NEVER EVER count opening A PIP CLAIM against them. This is what they call a not-at-fault incident. Since the driver was not at fault, there is no way that they can take adverse action because the parents want to use that for which they have paid the premiums.
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#4. Inform Dad that DMV will NOW suspend the driver's licenses of BOTH his son AND him.
This jackass is a doofus who wants your daughter to get inferior treatment because he does not want to own up to his own responsibilities. HERE is what you do. Copy the info below and give it to him. Tell him he will either give you the insurance information RIGHT NOW, or you will ASAP file the papers to have the licenses of both him and his son SUSPENDED, pending their posting security in cash for the injuries to your daughter (both the cost of treatments AND her pain and suffering).
Your state has provisions for people who do not have liability insurance. All you have to do is to call the Department of Motor Vehicles and get the format to initiate a FINANCIAL RESPONSIBILITY CASE.
I am going to give you three statutes from Washington.
FIRST, RCW section 46.29.060. states that the provisions of the Financial Responsibility laws requiring a cash deposit of security and suspensions of licenses for failure to deposit security apply to BOTH the driver AND the owner of the vehicle involved in an accident that resulted in an injury. So they WILL suspend the licenses of BOTH the son AND the Dad.
http://law.onecle.com/washington/motor-vehicles/46.29.060.html
SECOND, RCW section 46.29.070 tells how the Department of Motor Vehicles, within a very short time of receiving a report of an accident where the at-fault party has no insurance (OR WILL NOT REVEAL THEIR INSURANCE) will determine an appropriate cash deposit to be made, OR if it is not made promptly, the licenses of the driver and the owner WILL be suspended. http://law.onecle.com/washington/motor-vehicles/46.29.070.html
THIRD, RCW section 46.29.110 states that in the event the cash security deposit is not made in quick order, the DMV will suspend the licenses of BOTH the driver and the owner. http://law.onecle.com/washington/motor-vehicles/46.29.110.html
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#5. Buy PIP and UIM ASAP!!
I am not going to beat you up on this topic, Sabrina, but you MUST get both PIP and UNDERINSURED motorist coverage ASAP. Here are two pages with a lot of information on how to buy auto insurance www.SettlementCentral.Com free information.
The Smartest Way to Buy Auto Insurance
http://www.settlementcentral.com/page8006.htm
How to buy Motor Vehicle Insurance, Part Two
http://www.settlementcentral.com/page8008.htm
Good luck, Sabrina. Keep on looking out for the rights of your daughter.
I trust that my extra time devoted to your question has generated some information that is of value to you. May I respectfully request that you take the time to find the feedback format on this site and leave some feedback for me.
Thank you and Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
Www.SettlementCentral.Com
