When it comes to children involved in car accidents, there are a number of special laws that apply to protect their interests. In the recent case of Allen v. Montalvan, et al., three children were injured in a car accident. The driver of the car in which the injured minors were riding was the grandmother of two of the children and the mother of the third. Unfortunately, the driver was killed in the accident. The other three passengers consisted of the mother and another minor child, both of whom suffered minor injuries in the accident.
Two days after the collision, the mother executed an agreement with a law firm to provide her family and her with legal representation, including the minor children injured in the accident. A term in this agreement provided the law firm with the right to handle legal claims on behalf of the minor children, including settlements. The law firm sent a letter to the family’s insurance carrier, requesting information about the policy’s coverage and limits. The insurance policy provided limits of $25,000 per person and $50,000 per incident.
The law firm had a discussion with the insurance carrier, the details of which are heavily disputed by both of the parties. According to the insurer, the employee with whom the law firm spoke said that the insurer would be tendering the policy limits to extinguish all bodily injury claims. She said the law firm requested two checks for $25,000 each, among other details. According to a lawyer at the firm, the conversation transpired differently. The insurer agreed to tender the full policy limit, but the parties did not discuss specific check and dollar amounts.