A Legal Guide to Settlement and Compensation for Children Involved in Georgia Car Accidents

Key Points:

• Because minors cannot represent themselves legally, it’s the parents’ (or legal guardians’) responsibility to file a car accident claim on behalf of their child or children, and a separate claim must be filed for each person involved to receive the appropriate compensation.
• In Georgia, a minor is a person under the age of 18. A claim that is settled on behalf of a minor child must be settled by a parent or legal guardian on behalf of the child.
• Accidents should be immediately reported to the relevant insurance agency, depending on the vehicle(s) and driver(s) involved. It’s important to note, though, that passengers are hardly ever considered to be at fault, including whether or not they were wearing a seatbelt.
• Children are more susceptible to injury because of their smaller size and less developed bodies, and this vulnerability is why they’re not allowed to sit by an airbag in a moving vehicle – children’s bodies simply cannot withstand the impact of an airbag.

Table of Contents

When a Child is Injured in a Car Accident, What Should Parents Do?

It can be hard for small children to accurately communicate if they’re okay or if something is wrong. They struggle with articulating their feelings, both physically and emotionally, and there’s always a possibility that your child could’ve suffered a less visible and more silent injury such as a concussion or traumatic brain injury.

As a parent, your primary role is helping your child after a car accident. The first and most important thing to do is make sure your child (or children) receives immediate medical attention, as delays in medical care can be detrimental to your child’s health and recovery. Even if you’re concerned about the cost, auto insurance may provide coverage, and your child’s well-being should be the highest priority.

The second most important step in taking care of your child is to make sure he or she does not miss any follow-up medical or treatment appointments. Consistently attending all appointments can aid in a quicker recovery for them, and a quicker settlement of your case.

Next, parents also have to be careful to make sure that children follow the advice and recommendations of competent medical professionals.

By following these three critical steps, your child will have the highest chance of recovering and it will also help you to build a strong car accident claim. Other important steps include documenting everything, and filing a legal claim to ensure that you’re compensated for your child’s medical expenses.

Understanding Negligence and Insurance Coverage for Children in Georgia car or truck accidents

What Happens When Children Are Injured Passengers in Georgia Car Accidents?

When children are injured as a passenger in a car or truck accident, they are never considered to at fault for since they were not in control of the vehicle. Usually, if they were riding as a passenger with a non-parent who was at-fault, or riding with a parent who was not at fault, they are eligible for insurance coverage or compensation from the at-fault driver. That is to say, the issue of determining negligence does not apply to passengers. Additionally, even if your child didn’t have their seatbelt on, they could still qualify for injury compensation.

One caveat – if a you are the custodial parent and the child was a resident of your household at the time of the wreck, AND you were also the at-fault driver it may be difficult or impossible for your child to recover insurance compensation because most Georgia automobile insurance policies contain an exclusion for resident relatives injured in an at-fault accident. Issues of insurance coverage regarding minors can be complicated, therefore, we recommend having the facts of the accident, the custodial familial relationships and living arrangements, and the insurance policies reviewed by a Georgia personal injury attorney.

What if the Parent is at Fault for a Car Accident? Is Compensation Still Available for their Child’s Injuries?

Auto insurance coverage extends to all passengers of the at-fault driver, whether they are the driver’s own children or another parent’s children. However, it’s important to note that pain and suffering compensation is may not be available for the at-fault driver’s children – insurance coverage usually only applies to passengers who are not resident relatives of the driver. It’s also worth noting that, in Georgia, if you are at fault, except in very limited circumstances, you usually cannot sue your own insurance company for an accident you caused.

How to Make or File or Start a Car Accident Claim for a Child in Georgia

How Is the Process Handled When a Child Is Injured in Someone Else’s Car?

Carpool situations for children are incredibly common, which makes accidents and injuries involving children being driven by non-family members also fairly common.

Sometimes auto insurance companies won’t proactively seek out the child that was hurt or their parent, and that makes it the parent’s responsibility to make or file a claim. A parent of the injured child should obtain the police report and the insurance information, or contact information, for the responsible driver. You should contact the insurance company for the negligent or at-fault driver (a phone number for bodily injury claims is usually found online) and contact the insurance company as soon as possible, advise that there were injuries, and start the claims process. The adjuster or operator will walk you through the process. Alternately (and what we recommend) is that you contact a personal injury attorney, who will handle this process for you, thereby minimizing the chance of a mistake or that you may be encouraged by the adjuster for the negligent party to say something that they later attempt to use against you.

Once the injured child (or children) has received all the necessary immediate medical care. If the accident isn’t reported right away, it may become difficult to recover any compensation! So, even if your child was injured in someone else’s vehicle, it’s critical for you to file a report with the insurance company. And, we recommend reporting the crash to the insurance companies of all drivers involved, including drivers that the police did not fault. One never knows if the drivers will later begin pointing the finger of blame at each other. It is best to put all possible insurance companies on notice as soon as possible.

Which Insurance Company Should I Report the Accident to When My Child Was Hurt?

If your child is involved in an accident, report it to the insurance company covering the vehicle they riding in and all other vehicles involved in the collision. If your child was driving (if your child was the driver) report the accident to your insurance company and the other driver’s insurance. It may seem counter-intuitive, but you must report the accident to your own insurance company, or you risk breaching your insurance contract (your Georgia insurance policy is a “contract”) and losing your coverage in the future.

If your child was a passenger, report the accident to the insurance companies for all other drivers involved, in addition to your own insurance company.

For accidents involving uninsured or underinsured drivers, you would report the accident to your own insurance company and you may be able use the uninsured/underinsured motorist coverage portion of your policy if the other drivers are not insured or do not have enough insurance.

For pedestrian or bicycle accidents, make a report with the at-fault driver’s insurance, and for school bus accidents, notify the school district’s insurance and potentially your own auto insurance.

Does a Child’s Car Accident Legal Claim Need to Be Filed By a Legal Guardian or Parent?

Yes, as children (minors under the age of 18 in Georgia) cannot settle a claim on their own, it must be done by an adult, specifically their parent or legal guardian, to ensure the child’s interests are properly represented. Additionally, the child’s adult guardian must also be the one to hire or retain a car accident lawyer on behalf of the child, and the lawyer will require the parent or guardian to sign the fee agreement, not the child.

Will My Uninsured/Underinsured Motorist Coverage on My Auto Insurance Cover My Child’s Injuries?

If your child was in another vehicle that got into an accident and the available insurance coverage wasn’t enough to cover your child’s injuries, you may be able to use your Underinsured Motorist Coverage (UIM), although this ultimately depends on the specifics of your exact policy.

While many auto insurance policies do include “dependents” within the same household, this isn’t a guarantee for all policies. The Millar Law Firm strongly recommends having an experienced auto accident attorney take a look at your policy (or talk with your insurance agent) to better understand your coverage and what you’re entitled to claim in an accident.

Is the Statute of Limitations Extended for Children Injured in a Car Accident?

Yes! (and no). In Georgia, the statute of limitations is actually extended when children are injured in a car accident. Normally, the statute of limitations for personal injury claims in the state of Georgia is two years from the date of the accident, but for minors, the period is extended and doesn’t even begin until the child reaches 18 years of age. This means that a child injured in a car accident at any age has until their 20th birthday to file a personal injury claim!

IMPORTANT: In the State of Georgia, claims to recover medical expenses on behalf of a child must be brought by a parent. In Georgia, the parent’s claims for medical bills for a minor child must be settled (resolved or recovered) within two years of the accident, or the parent loses the ability to recover for medical expenses. This is a trap for many unwary parents, and even some inexperienced attorneys. If you are dealing with a large amount of medical bills following a car or truck accident involving a child, we urge you to at least consult with Georgia lawyer who specializes in car accident cases.

Compensation Information for Children Injured in a Car Accident

What Types of Compensation Children Receive After a Georgia Car Accident?

As a passenger in an accident, children can only claim compensation for general damages for their injuries, meaning pain and suffering and loss of enjoyment of life. Claims for the child’s medial expenses must be brought by a parent or legal guardian. Additionally, if the at-fault driver is found to have been reckless or intoxicated, there may be a possibility of securing additional compensation through punitive damages.

In the State of Georgia, can Children Be Compensated for Permanent Injuries and Scars From a Car Accident?

Yes, if and when proven that the car accident negatively impacted the child’s life, causing permanent injury or requiring additional future care or resulting in disability, there’s a possibility of securing a higher settlement or verdict to cover these expenses.

Under Georgia Law, Who Handles the Settlement Process and Payment for an Injured Child?

Settlements for children depend on the amount of the settlement and are generally handled as follows:

For settlements netting less than $25,000, the child’s parent or legal guardian can settle the claim and receive the payment. The money, however, belongs to the child and must be used for his or her benefit.

For settlements with a net exceeding $25,000, however, the process requires obtaining court approval to ensure that the settlement is both fair and in the child’s best interest; a guardian ad litem may be appointed by the court to oversee the settlement. Settlements may be structured to provide periodic payments on or after age 18, or they’re placed into a custodial account or special needs trust. The legal guardian, often the parents or a court-appointed guardian, manages the funds under court supervision, ensuring they are used solely for the child’s benefit and providing regular reports to the court. When the child turns 18, they are often granted control of the remaining funds or start receiving their structured payments.

Miscellaneous FAQS About Georgia Legal Claims for Children Involved Car Accidents

Does it Matter if the Child Wasn’t Wearing a Seatbelt?

Whether or not the child was wearing a seatbelt is not admissible in court. However, for safety, it’s always encouraged that parents make sure their child, and all other minor occupants of their vehicle, are buckled up because children usually weigh less than adults and can be thrown from their seats upon impact if they are not wearing seatbelts. Crafty insurance adjusters may argue that compensation should be reduced if the child was not belted, but a competent personal injury lawyer knows how to fight back against such unfair tactics.

Who Can File a Legal Claim for a Child Involved in a Car Accident?

In Georgia, only the parents or legal guardian(s) of a child involved in a car accident can file a legal claim on behalf of the child – grandparents, aunts, or uncles can’t file claims – unless they are the legal guardian. Under some circumstances, if there is no legal guardian, one can be appointed.

Can a Child Be Called as a Witness in a Car Accident Legal Claim?

Yes, a child who is a passenger in a car accident can be a witness in Georgia. However, the weight and credibility of their testimony may depend on their age, maturity, and ability to accurately recall and communicate the events of the accident. Lawyers will consider these factors when determining the relevance and reliability of the child’s testimony.