Car Insurance Concerns with a Child-Involved Accident
Handling a car insurance claim for a car accident involving a child is similar in the basic process, but may have a few additional factors involved. As with any claim, you’ll document and report all the relevant information to the insurance company and have the damage to the vehicle assessed. However, when a child was involved in the accident, these are some additional considerations that may come into play:
Replacement of Car Seat:
As mentioned above, car seats are made to withstand only one moderate-to-severe accident. If you have collision coverage, your policy will likely cover the replacement costs of getting a new car seat. The insurance company may require proof that the previous seat was destroyed, such as sending a photo of the seat with the straps cut.
Extended Medical Assessment:
For adults, personal injury payments are usually based on things like medical care and lost wages. But children are still developing physically and mentally, and many injuries may not fully show up for months or even years. Insurance settlements for a minor calculate potential long-term care, future surgeries, ongoing physical or speech therapy, and impacts on future earning capacity. Because of this, adjusters and legal representatives typically delay settling a child's personal injury claim until the child reaches Maximum Medical Improvement (MMI) or a clear long-term prognosis is established.[5]
Toll on the Statute of Limitations:
In adult claims, the statute of limitations to file a personal injury lawsuit is usually two to three years from the date of the crash. When a minor is involved, most jurisdictions apply a rule called tolling. This pauses the statute of limitations until the child turns 18.