What steps protect a minor passenger’s rights when seeking recovery for injuries in the accident?
Safeguarding a Minor Passenger’s Personal Injury Claim in North Carolina
Detailed Answer
When a child is hurt while riding in someone else’s vehicle, North Carolina law adds several layers of protection to be sure the child’s rights—and any future settlement funds—are preserved. Below is a step-by-step roadmap that parents, guardians, and concerned relatives can follow.
1. Seek Immediate Medical Care and Create a Paper Trail
Get the minor evaluated right away, even if injuries appear mild. Emergency-room and pediatric records become the backbone of the claim. Follow all medical advice to avoid allegations that the child’s condition worsened because of missed appointments.
2. Notify Law Enforcement and the Insurance Companies
North Carolina requires drivers to report crashes involving injury (N.C. Gen. Stat. § 20-166). Obtain the crash report and promptly open claims with every at-fault driver’s liability insurer as well as the vehicle owner’s insurer. If the driver who caused the accident is uninsured or underinsured, notify your own auto carrier to preserve potential UM/UIM coverage.
3. Preserve Evidence Early
Photograph the accident scene, vehicle damage, and visible injuries.
Gather witness names and statements while memories are fresh.
Save school attendance records and activity logs showing how injuries limit the child’s daily life.
4. Understand Who Can Act for the Child
Because minors cannot file suit on their own, N.C. Rule of Civil Procedure 17(b) designates a parent, guardian, or guardian ad litem (GAL) to act. If litigation becomes necessary, the Clerk of Superior Court will appoint a GAL when a conflict exists—for example, when the parent may share fault for the wreck.
5. Calculate the Applicable Deadlines
North Carolina normally gives injured adults three years to sue (N.C. Gen. Stat. § 1-52). For minors, the clock is paused—or tolled—until the child turns 18 under N.C. Gen. Stat. § 1-17. After the 18th birthday, the child has three additional years to file. Despite the extended window, waiting can jeopardize evidence, so act promptly.
6. Value Two Separate Claims
North Carolina treats a child’s damages and a parent’s out-of-pocket expenses as distinct:
The Child’s Claim: pain, suffering, permanent impairment, future medicals, and loss of earning capacity.
The Parent’s Claim: medical bills paid or owed before the child turns 18 (N.C. Gen. Stat. § 7A-103(1) & case law).
Be sure settlement talks include both components.
7. Obtain Court Approval for Any Settlement
North Carolina clerks must approve settlements over $5,000 involving minors (local practice often requires approval regardless of amount). The parent or GAL files a friendly-suit or petition for approval. The judge or clerk will:
Review medical records and bills.
Examine attorney’s fees and costs for reasonableness.
Decide how the funds will be protected—commonly a restricted bank account, a court-supervised trust, or a structured settlement annuity.
Without approval, the settlement may be voidable, leaving insurers exposed to future claims.
8. Protect the Money Until the Child Turns 18
Once approved, funds stay under court supervision. Parents usually cannot withdraw money except for documented necessities (education, healthcare) and only with a court order. Violating these restrictions can trigger personal liability.
9. Coordinate Health-Insurance and Medicaid Liens
Under N.C. Gen. Stat. § 108A-57, Medicaid must be reimbursed but is capped at the lesser of (1) the lien amount, (2) one-third of the settlement, or (3) half of the net recovery. Private health plans may assert liens under federal ERISA rules. A knowledgeable attorney can often negotiate reductions to maximize the child’s net funds.
10. File Suit if Liability or Value Is Disputed
If negotiations stall, the GAL can file a lawsuit in the county where the crash occurred or where at-fault defendants reside. Early discovery—including depositions and accident-reconstruction experts—locks in testimony before memories fade.
Helpful Hints
Start a dedicated envelope or digital folder for every medical bill and record.
Keep a pain journal that tracks the child’s symptoms and activity limits.
Alert the school nurse or counselor so academic accommodations are documented.
Do not post accident details or photos on social media; insurers monitor online activity.
Consult a personal-injury attorney before signing any insurance release—even if the adjuster seems friendly.
Take the Next Step
Acting quickly after a child is hurt safeguards evidence, meets court-approval requirements, and protects settlement funds until adulthood. Our North Carolina personal-injury team has years of experience guiding families through medical-bill reimbursement, court-approved settlements, and structured payouts that secure a child’s future. Call us today at 919-313-2737 to schedule your free, no-obligation consultation.
