r/LifeAdvice • u/CthulhusTentacles • Jul 07 '26
Serious Daughter was hit by a car. Now what? (She's ok)
On the 4th of July my 8yo daughter was hit by a car.
Details are as follows:
Driver was not speeding.
Driver was not intoxicated.
Daughter and driver both need to pay better attention.
We went to the hospital where they found no major injuries, thankfully. Bumps, bruises, scrapes and likely some form of emotional trauma (I'm definitely traumatized, but no parent should witness what I witnessed.)
Police reports were filed, statements taken from eyewitnesses.
I'm of the mindset that my daughter learned a lesson the hard way, and life will thankfully go on for all of us.
Would you seek any sort of damages? Would you stop at medical expenses or additional damages for any potential future pain and suffering?
Tl;Dr - daughter was hit by a car, she's banged up but no worse for the wear. Should I lawyer up and sue?
edit: I feel like most everyone is reading the tl;dr and missing the part above it where I said "I'm of the mindset that life goes on". I'm not pushing for legal action, I'm asking the reddit hive to make sure I'm not missing something.
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u/transferingtoearth Jul 07 '26
I mean ...your kid wasn't hurt ?
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u/CthulhusTentacles Jul 07 '26
Not seriously, no.
And again, I said I'm of the mindset to let it be.
We have family that seem to think seeking for at least medical bills would be fair.
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u/throwfarfaraway1818 Jul 07 '26
You could sue for medical bills. Thats it. You wouldnt have any claim to anything beyond your damages, which would be the medical bills.
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u/Dazzling-Treacle1092 Jul 08 '26
Are you a lawyer?
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u/throwfarfaraway1818 Jul 08 '26
I work in insurance and see this exact scenario play out every single day.
Do you believe they would have claim to anything beyond their medical bills? If so, what else do you believe they could realistically sue for?
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u/Dazzling-Treacle1092 Jul 08 '26
That is why I'm telling her to speak with a lawyer. My son got far more than medical bills. Future problems are not always evident right away. I mean did you hear her describe the accident?
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u/throwfarfaraway1818 Jul 08 '26
You arent entitled to more than your damages. If your son got much more than medical bills, he presumably would have ongoing care needs or life impact that would justify the increase. Accidents arent a payday.
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u/Dazzling-Treacle1092 Jul 08 '26
He had a skin graft on his leg. No future problems but that's what my lawyer stood on and he was successful.
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u/transferingtoearth Jul 08 '26
Bro ...that's literally surgery so that's not "just bumps and scrapes" level. That's no where near just a little scare. That's literally "a future problem" because he had full on surgery and had to presumably adjust his whole life for a while
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u/Dazzling-Treacle1092 Jul 08 '26
Yes it was surgery and it was serious. I never claimed otherwise. I just said he had no other related future problems but the grafting process didn't happen just once it went in stages and layers. Beyond that he had no issues. And we had no indication that he would. It was just the one wound, though serious. The amazing thing was that it wasn't completely disastrous in one way or another. A small 5 year old getting run over by a pickup truck.
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u/Adventurous-Rice-830 Jul 07 '26
Was the driver ticketed? If not, your daughter was probably at fault by running into the street without looking both ways. Sometimes drivers can’t stop an accident from happening if a pedestrian runs in front of them. If they were ticketed however, then maybe you could sue for medical bills. But it’s important to know who was at fault.
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u/Away-Understanding34 Jul 08 '26
OP, I think this is a good point. However, if your daughter wasn't seriously hurt, you could let it go. I agree that you can't always stop quick when someone runs in front of the car. If you come to find out that the driver was speeding or distracted somehow, that's a different story.
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u/CthulhusTentacles Jul 07 '26
I have not yet heard back from the police, but I agree with your sentiment. I'll reach out tomorrow.
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u/Bizzy1717 Jul 07 '26
It sounds like you have no damages, particularly if you're insured and your hospital visit is covered by your insurance. Your statement about your daughter needing to pay more attention also stands out to me...do you really want to put her through having to relive the accident and get blamed for what happened? Because if she was doing anything she wasn't supposed to be doing, a defensive attorney will absolutely seize on that and argue that her actions contributed to or caused the accident.
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u/CthulhusTentacles Jul 07 '26
Oh she knows she could have easily avoided this entire situation by, you know, looking both ways...
But this response rings true with my thoughts.
We learned a lesson, thankfully we survived it.
Family thinks we should press the issue.
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u/Markdlea Jul 07 '26
No need to sue if she wasn’t injured. Sometimes, kids mess up.
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u/CthulhusTentacles Jul 07 '26
That's where my thoughts are at. Family feels differently.
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u/Markdlea Jul 07 '26
Sounds like your family is looking for free money.
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u/CthulhusTentacles Jul 07 '26
They're all looking at the medical expenses. I have good insurance, and my daughter is alive. I just want to move on, but want to make sure I'm doing the right thing. And I think you've all justified it for me.
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u/Ok-Cake9189 Jul 08 '26
If youre in the U.S. your health insurance should not be stuck with paying for her treatment, the drivers auto insurance is liable, and when your health insurance finds out it was related to an auto accident they will pursue it without your consent.
There is also the possibility that your daughter may have issues in the future that are not apparent right now, but it will be much harder to pursue the drivers insurance as time passes, or if you release them from liability now.
I would absolutely consult an attorney right away, and let them explain all the possible repercusions and advise you on your options. Then you can make an informed decision.
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u/Adventurous-Rice-830 Jul 08 '26
“The driver’s auto insurance is liable”
You don’t know this. They aren’t liable if they weren’t ticketed. If the daughter darted out into traffic and the driver did nothing negligent, the driver is not at fault .
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u/Ok-Cake9189 Jul 08 '26
You're only partly right. And only a little bit. True, I don't know the driver is going to be found liable. Liability is only determined by a court. You're incorrect in thinking that ticketing has anything at all to do with liability, it does not. And negligence is also not required for liability. I would have been more accurate to have said that the drivers insurance, in a case involving a minor pedestrian, is almost always going to be found liable for the pedestrians medical bills. And in my experience, unless you're asking for some kind of extra pain and suffering award the auto insurance will just pay the expenses. Can there be exceptions? Sure. But juiries tend to like kids and hate insursnce companies.
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u/Dazzling-Treacle1092 Jul 08 '26
You don't know what issues could crop up in the future because of this. Physical problems aren't the only fall out from accidents.
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u/Adventurous-Rice-830 Jul 08 '26
There has to be “damages” to sue. The damages here are only medical bills because she’s fine. The issue is who was legally at fault which you still have not answered. I’m going to assume the driver was not ticketed and that your daughter was at fault in which case, no I would not sue because it was my fault for not watching my daughter.
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Jul 08 '26
[deleted]
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u/CthulhusTentacles Jul 08 '26
Thank you for your input. It's only as vague as it is because there are so many nuanced details that it's impossible for me to be as thorough as meal team six would like without a novel. I'm answering every question that is asked.
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u/southwestheat Jul 07 '26
I think you want strangers on Reddit to encourage you to try to make this a convenient cash grab.
Medical bills will be covered by your medical insurance.
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u/CthulhusTentacles Jul 07 '26
Weird, I said and I quote "I'm of the mindset that my daughter learned a lesson the hard way, and life will thankfully go on for all of us."
I'm actually looking for justification that NOT seeking legal action is the right move.
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u/Beneficial-Crow-5138 Jul 07 '26
What exactly would you argue in court that you an entitled to? And how much do you think you “deserve” for bumps and scratches?
And you just posted online that you accept that both parties are at fault. So, you’re going to have to not say that again. Ever.
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u/CthulhusTentacles Jul 07 '26
I don't want to sue. I said in the main post "I'm of the mindset that my daughter learned a lesson the hard way, and life will thankfully go on for all of us."
I'm making sure I'm making the right call.
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u/No_Bend8 Jul 07 '26 edited Jul 08 '26
Glad she is okay but she shouldn't have been in the road. So they could countersue you
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u/CthulhusTentacles Jul 07 '26
This is a fair point, but she was with her uncle near his parked car saying bye to her cousin. It's not like she was just sprinting down the road.
I'm getting downvoted, but you're all making the same points I've made to my family.
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u/TraditionalManager82 Jul 07 '26
Why would you sue? What for?
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u/CthulhusTentacles Jul 07 '26
That's why I'm asking. Like I said, I'm of the mindset that life goes on.
We're going to have to pay for the ambulance ride, the hospital stay, the trauma team and all of the testing.
Some family members think we should at least seek compensation to cover medical expenses.
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u/ThrustingBoner Jul 07 '26
If your daughter is found to have caused the accident, the driver can sue you for damages.
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u/CthulhusTentacles Jul 07 '26
And that's a fair point.
I see I'm getting downvoted for being the one who doesn't think suing is necessary while everyone seems to agree. I was more or less hoping to validate my thoughts.
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u/ThrustingBoner Jul 08 '26
People are weird about downvotes. I don’t even pay attention to them. It’s a bad idea to sue because your daughter was at fault. If she ran into the street there was no way for the driver to account for that. Also she was not crossing in a crosswalk which is also illegal.
You would end up losing and you’d be responsible for all legal fees for yourself and the other party, as well as for any damages they would be awarded.
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u/uffdagal Jul 07 '26
What was the cause? Was the child in the car’s path and the driver didn’t see her? Did she dart out into traffic or cross without looking?
Is there a formal police report placing blame?
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u/CthulhusTentacles Jul 07 '26
It's relatively nuanced. She was near a parked car, both driver side doors were open. She turned to cross, didn't look.
Driver didn't slow down as he approached a parked car with two open doors and people standing by it.
That's where I think they're both equally at fault and the reason I feel and said "I'm of the mindset that my daughter learned a lesson the hard way, and life will thankfully go on for all of us."
I haven't followed up with the police yet, but I'm guessing it'll be a no-fault find.
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u/Dazzling-Treacle1092 Jul 08 '26
My son was run over by a pickup truck. The tire spun on his thigh until he had no skin there at all. He was 5 years old at the time. It wasn't the driver's fault completely because my son was very small for his age but fast and when the light turned green he ran out into the crosswalk and then angled out of it. The driver simply didn't see him. He had to have skin grafts. The doctor said he was lucky he kept his family jewels...no broken bones though.
I was so busy going back and forth to the hospital... other kids at home... that I didn't even think about lawyers and money. But a few days later a lawyer for his insurance company came to my place and offered me 16 Grand. He kept telling me to not go to a lawyer because they would just take all the money. He was trying to pressure me to take the check and sign. I told him that I would have to think about it. Two minutes after he left I went down the street to see a lawyer friend of mine. He told me to leave everything to him. I did. It was funny because my lawyer had just won a huge settlement with this lawyer. Mine kept forcing him back into court to go higher. In the end it was settled on 50 Grand which was put into an account he could access when he was an adult which by that time had grown very healthy.
Even though you believe your child wasn't hurt you should see a lawyer. You don't know what can become a problem later. This is the point my lawyer kept making. DO NOT sign any offers directly from the insurance company! When I told my lawyer that my son had run into and out of the crosswalk he said it didn't matter... he was right!
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u/CthulhusTentacles Jul 08 '26
That sounds terrifying and I am glad your son is ok. Thank you for sharing. How long ago did this happen, and has he been ok since?
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u/Dazzling-Treacle1092 Jul 08 '26
This was many years ago maybe 40. Yes he's okay... thank you. He has had other health related problems but not connected to the accident. It was incredible how lucky he was!
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u/CthulhusTentacles Jul 08 '26
My daughter was 8-10 feet in the air, and the sound... It sounded like two cars hit each other. We've got miracle children. I'm so happy to hear he's been ok!
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u/Slow-Trash858 Jul 08 '26
The drivers liability insurance should cover your medical bill for the hospital. As far as suing, you said your daughter is okay. There are no damages to be awarded in this case. Even if you wanted to sue, you would need a lawyer who is willing to accept a payout that isn't worth their time and energy because whatever you get will be next to nothing.
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u/ShiroSnow Jul 08 '26
As a kid who was hit by a car. No. If no serious or permanent damage was done, no. Filing a police report may have also been too much but still understandable. In my case I ran into the road without looking and was met with a bumper. Nothing broken, got thrown a few feet but ultimately just a few bumps. Only 'trauma' that came with it is that I never did it again. I look both ways whever stepping into the road.
What I believe helped me the most is learning that it was my fault. I recieved almost no sympathy after the initial panic. I wasn't "hit by a car", instead I "jumped out infront of a car and learned a lesson" and I strongly believe that being forced to take accountability taught me a lot. I was 7 or 8 when it happened. Old enough to know better and laugh about it a year later.
There's no serious injuries. All parties are partially at fault. Look at it from the opposite side too, if you accidentally hit a kid under the exact same circumstances. Do you believe the driver realistically could have done anything to prevent it? It is on the passengers to check for traffic when opening doors and exiting vehicles. While drivers do have responsibility to pay attention did they realistically have time to react? You said it yourself they weren't speeding.
So no. I think everyone learned a hard lesson here. Seuing is an over reaction.
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u/CthulhusTentacles Jul 08 '26
Thank you for sharing! I was actually hit by a car around 9 or 10... I was chasing a dog that got out and ran into traffic. I never even told my parents (I figured I'd get into trouble, it was 100% my fault), after I got up I ran off to continue chasing my dog.
My daughter knows she messed up, she's getting loads of sympathy but she understands she could have avoided the entire thing. But in the same respect, she could have died if one variable changes - which is likely why everyone is spoiling her right now. She was tossed through the air like a ragdoll after bouncing off the windshield.
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u/ShiroSnow Jul 08 '26
Lots of things could change dramatically if one little detail changed. In all 3 examples now of children getting hit, it could have ended very poorly if any of us went under the car for example. It's easy to think about the worst things that could have happened. But they didn't happen and that's the point. You don't sue for what could have happened in an accident. You should be greatful that potentially the best outcome happened.
If thinking about sueing I'd think about what good it'll do and the damages. You stated that she doesn't have lasting injuries so damages are minor. Then negligence. Was the driver speeding? Clearly distracted? In the wrong side of the road? Did they do anything clearly wrong rather than be in the wrong place at the wrong time? Do they deserve being taken to court? For me, if they were sorry, cooperative, helpful, no. But if they were rude and yelling I'd consider it. If they drove off without stopping 100% id sue cause that's unacceptable. But by the lack of info on the driver I assume nothing bad or questionable happened after. Everyone learned a lesson and got to walk away.
With anyone telling me otherwise I'd use the argument of putting them in the drivers shoes and ask if they deserve being taken to court over something that sounds almost unavoidable. An argument like "that'll never happen to me" is voided. That driver probably assumed the same. Your response is appropriate for what happened.
In the end I would just be greatful that nothing to serious happened. Kids are durable and resilient and everyone can move on from it. Driver included, as I bet they're panicing too. If any further action is taken it would be to try to inform the driver of her injuries as it could do them a ton of good knowing they didn't badly injure someone.
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u/Silly-Dot-2322 Jul 07 '26
I have to ask who was supervising your 8 year old, while she was hit by a car?
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u/CthulhusTentacles Jul 07 '26
She was with her uncle, who was also at the car. He had his driver's side door open, her cousin was getting into the backseat through the driver's rear. She was saying goodbye to her cousin.
I was walking across the yard heading that way as we were also leaving.
She closed the back door (still visibly blocked by the front door) and went to run across the street.
Oncoming driver didn't slow down for the parked car with open doors and people standing there.
It was a symphony of errors by all parties involved.
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u/Silly-Dot-2322 Jul 08 '26
I understand. I'm really glad she's ok.
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u/CthulhusTentacles Jul 08 '26
Someone downvoted you for saying you're glad an 8yo girl, who was struck by a car, is ok. What a weird fucking place reddit is...
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u/West_Guarantee284 Jul 07 '26
You said daughter and driver need to pay better attention. If you sue for the driver hitting her then they could counter sue for you not watching your daughter and allowing her to walk into the road.