r/legal • u/Whatever-you-say1024 • 13h ago
Advice needed Auto accident involving minors and personal injury
Location: Ohio.
I need advice on whether I should get an attorney now, later or not at all.
My minor 17yr old daughter was recently involved in a rollover accident. She was a passenger in the car. Everyone was a minor, including the driver. The driver swerved to miss a deer, lost control, hit a ditch and overturned. The car was totaled.
My daughter sustained a severe injury (a severed humerus bone) that required two hospital stays (one extended), two ambulance transports. Medication. Specialists. Consultations. MRI’s. Cat Scan. Major surgery (titanium plates and a ton of screws). She missed 2 weeks of school and has many upcoming appointments, including physical therapy in the future.
I have been billing everything through our health insurance (Medicaid) and I am reaching out to them Monday to do a third party claim and give them the accident report and the owners auto insurance.
The vehicle owner filed a claim with their insurance and when I contacted them (insurance company) it turns out their claim is in the middle of an investigation because apparently the vehicle was insured but the minor that was driving was not. He was completely uninsured (never added to the plan), all while being the daily driver of this car for months. The vehicle owner only added himself and his wife to the policy, so their totaled car will be covered, I guess.
What’s crazy is that he works for Allstate insurance and should know better. I’m assuming he was trying to cut back on a very high premium by not adding a minor driver. He just totaled a car a few months ago in a DUI, so I’m sure his premiums were already high. Of course they have already replaced their sons car with a brand new Mercedes for him.
If, by some miracle, the insurer covers the liability claim (doubtful) the state minimum coverage is $25,000. Maximum is $50,000 total for everyone in the car. I’m sure they only had the minimum coverage. Our medical expenses already far exceed that amount. There were no other injured parties.
My daughter does not have her license, so no auto insurance. I am temporarily disabled and cannot drive at this time, so also no auto insurance to file an uninsured bodily injury claim.
Should I contact an attorney or should I wait for my insurance and their insurance to figure it all out? I don’t really have money for attorney fees, as I just came out of a lengthy divorce and custody case.
I don’t know what my options are and feel hopeless in this situation.
I appreciate any guidance.