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Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27687
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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My 18 yrs & 2 month old daughter was a passenger in a car accident.

Resolved Question:

My 18 yrs & 2 month old daughter was a passenger in a car accident. The Other car's driver was at fault. She is a college student living at home. I call ed at fault insurance and told them as her mother I was my daughters representative and to direct all correspondence through me. The insurance company called my daughter directly and claim they received information from her that voided her claim against her. She is a child and spoke out of her head. Though she was injured, she chose to against my direction to take over the counter pain relievers instead of going to the doctor. That made her no less injured, just used poor judgment. After 30 days her knees and back, neck and head still bother so she went to the doctor. is diagnosis is that she suffered traumer to the areas and that they cannot determine how long she will suffer. Can I do something about the Insurance company speaking to her since she is under 21?
Submitted: 5 years ago.
Category: Legal
Expert:  Dave Kennett replied 5 years ago.

DearCustomer- Your daughter is legally an adult and unless you are an attorney you could not represent her in a legal matter. The insurance company is permitted to deal directly with her unless she has an attorney which is what she should do. Almost all attorneys who handle personal injury claims will work on a contingency basis so there would be no up front fees involved.

 

Being under 21 means nothing when it involves a legal contract or cause of action so though she is living at home she is legally considered an adult. The best thing she can do is get legal representation to handle this situation and get the money she deserves to cover her legal expenses and pain and suffering.

 

Dave Kennett

Customer: replied 5 years ago.
Do you feel her chances for a settlement are severely lessened because she waited over 30 days to see a doctor? The insurance company implied that we cannot prove after so much time has passed that the injury she finally saw the doctor about was sustained during the accident in question. Do you agree with them?
Expert:  Dave Kennett replied 5 years ago.

No I do not agree with them. Insurance companies are ruthless and very difficult to deal with. Neither you nor your daughter will be able to get the settlement you deserve unless you have representation. They will tell you anything and end up offering far less than what your daughter deserves. They have no obligation to talk to you and they know your daughter is young and they can "railroad" her. She needs a personal injury lawyer to take her case and provide proper representation.

 

Dave

Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27687
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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Dave Kennett
Dave Kennett
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25 years experience in general law, including real estate, criminal, traffic, and domestic relations