Legal Question in Personal Injury in Idaho
Auto Accident - Not At Fault - Children in Vehicle
I was involved in a car accident in which a young female driver ran a stop sign and bulldozed into the side of our car leaving damage marks from the front tire to the rear. My wife and 3 children (8, 5, and 2 years old) were in the car at the time. The children were screaming and crying and still have nightmares. My wife and I both received minor injuries (soft tissue damage in back and ribs), but it is difficult to tell if the children have received any injuries. We have not seen any doctors yet since we just recently moved to the area.
The young girl was cited by the police department and has admitted guilt in this accident. We were both insured at time of accident. Her insurance company has been somewhat cooperative, but it is apparent that cutting costs is their objective. I believe our car is going to be �totaled� because of the amount of damage. Right now I am more concerned about the injuries to my children that have not revealed itself.
Is there a way that I can protect my family in case a medical situation does arise in the future out of this or other compensations that I should seek and to what extent is the guilty party liable (med bills, prop. damage, pain and suffering etc.)?
1 Answer from Attorneys
Re: Auto Accident - Not At Fault - Children in Vehicle
First, it sounds like there were no life-threatening injuries and you should be thankful for that.
Second, your question poses what is always a difficult issue for people injured in a collision--What does the future hold?
There is no magic way of dealing with it. In Idaho, assuming no governmental entity is involved, you have 2 years from the date of a collision in which to either settle a claim or bring suit to recover your damages. Thus, you do have some time during which you can "wait and see." The insurance carrier usually wants to settle cheap and fast.
The carrier for the at-fault girl has no duties to you under Idaho law. Thus, you need to be very careful about trusting them. They have no obligation to, and generally will not, pay anything until they reach a complete settlement for the claim. Because of the young ages of your children the statute of limitations is extended for an additional six years.
There is no absolute answer regarding the value of your claim. Ultimately it is worth what a fair-minded jury says its worth after the jury has the chance to evaluate your claim.
There is likely a different number that is a fair settlement value.
Many factors impact case values. The most important ones are how badly you are injured and the extent of the responsibility of the person who injured you. The costs of your medical care, your future medical prognosis, your health when you are injured, lost work, lost recreational opportunities all are important when evaluating a case
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