Legal Question in Personal Injury in Oregon
Auto settlement involving minor
The story: A father and ''non-custodial'' parent of 2 teens is broad sided in an auto accident and he is not at fault. One teen (14) suffers a broken collar bone, cuts and bruises, and documented PTSD for a few months after; the other teen (16) has no injuries other than soreness, no PTSD; the father has no injuries other than minor bruises and sore muscles.
The automobile is totaled and replaced within a month; the father got an attorney and sued for injury damages. Within a couple months, he received a settlement check from the drivers insurance company for the 16 year old (uninjured) teen in the amount of $1200. He gave the check to the teen. Several months after, the father shows the 14 year old a $2900 check (from his attorney) and says this is her settlement check. He gives her $500 and says he will keep the other in a CD in his name until she turns 18 years old.
The custodial parent (Mom) is kept in the dark, not privy to the settlement details as this is all handled through his attorney.
Questions:
1. Is there a way the Mother, can find out the actual settlement amount as he refuses to show her documents?
2. Does the custodial parent have any recourse in obtaining this information?
1 Answer from Attorneys
Re: Auto settlement involving minor
I would first suggest that the mom contact the attorney who handled the case for the children, and remind him or her that the MOM is the custodial parent, and that mom was never consulted on these settlements.
The custodial parent is supposed to be the one to give permission to settle, presuming the father doesn't have joint legal custody. If he does, then I'm not sure if it was necessary for the attorney to obtain mom's permission as well as his for these minor's settlements. But it's the custodial parent who is supposed to address these matters.
If for some reason you cannot get the name of the attorney who handled the case, try contacting the insurance company. If the settlements were reasonable, then I'm not sure there is much you can do. However, the CHILD has a right for a short period of time, upon turning 18, to challenge the settlement, if unreasonable.
Another avenue for the mother might be through the domestic relations courts, to file a motion of some sort to get that information.
Good luck to you!
-- Sam
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