Detailed Answer
If a parent and child were hurt in a North Carolina car crash, they can pursue two separate—but related—claims to recover money for medical bills, pain, and suffering. Below is a plain-English roadmap that follows North Carolina law.
1. Prove the Other Driver Was Negligent
- North Carolina follows the contributory negligence rule. If the defendant shows you were even 1% at fault, you may lose the claim. Gathering solid evidence—police reports, photographs, medical records, and witness statements—early is critical.
- For children under 7, the law presumes they cannot be negligent; ages 7–13 are judged by a child-of-like-age standard. This makes it easier for an injured child to overcome contributory negligence defenses.
2. Know the Statutes of Limitations
- Parent’s claim for medical expenses and lost wages: 3 years from the crash date ( N.C. Gen. Stat. § 1-52 ).
- Child’s claim for pain, suffering, scarring, or future losses: The 3-year clock is paused ("tolled") until the child turns 18 ( § 1-17 ).
3. Separate the Two Claims
- Parent’s claim: You, not the child, pay the child’s medical bills. North Carolina lets the parent recover those expenses directly.
- Child’s claim: Covers pain, suffering, permanent injury, loss of future earning capacity, and loss of enjoyment of life.
4. Work With All Available Insurance
- Send a notice of claim and request policy limits from the at-fault driver’s insurer.
- Use your own Medical Payments ("MedPay") or Uninsured/Underinsured Motorist (UM/UIM) coverage if the driver is uninsured or lacks enough coverage ( N.C. Gen. Stat. Ch. 20, Art. 9A ).
- Coordinate benefits so health insurers are repaid only what the law requires. North Carolina’s made-whole doctrine and anti-subrogation rules often reduce paybacks.
5. Calculate Damages
- Economic: Past and future medical bills, therapy, prescriptions, medical equipment, and lost wages (parent).
- Non-economic: Pain, suffering, mental anguish, loss of companionship for the child, and scarring or disfigurement.
- Future needs: If the child needs ongoing care, obtain a life-care plan or physician affidavit.
6. Negotiate or File Suit
- Present a demand package supported by medical evidence and legal liability analysis.
- If the insurer refuses to pay fair value, file a civil action in the county where the crash occurred or where any defendant resides ( § 1-82 ).
7. Obtain Court Approval of Any Minor Settlement
- North Carolina requires a judge to approve most settlements for minors to protect the child’s interests ( § 1-402 ).
- Funds typically go into a blocked account or structured annuity until the child turns 18.
8. Preserve the Parent’s Claim for Medical Bills
- Include all paid and outstanding invoices in the settlement or verdict.
- Keep receipts and Explanation-of-Benefits statements to prove actual out-of-pocket costs.
9. Finalize the Estate Plan for the Settlement
- Consider a trust or guardianship to manage large recoveries for minors.
- Review your own auto and umbrella policies after the claim—additional coverage can prevent future shortfalls.
Helpful Hints
- Seek medical treatment right away; gaps in care hurt credibility.
- Do not give a recorded statement to the at-fault driver’s insurer without legal advice.
- Photograph injuries over time—bruises and scars fade quickly.
- Track mileage to and from doctor visits; you can claim travel costs.
- Use a diary to document the child’s pain, missed school, and emotional changes.
- Tell providers you were in a crash so your medical records link injuries to the collision.
- Save every bill—even $20 copays add up and are recoverable.
