Daughter starts personal injury claim against mother. Mother is in no way affected.

I once started a claim for a daughter who had been injured while riding as a passenger in a vehicle driven by her mother. The mother had proper insurance through ICBC, and the daughter’s injuries were long term but not totally disabling. This motor vehicle accident had occurred approximately 2 years ago. Thankfully, the daughter was a minor, and her limitation date had been extended beyond the typical two year limit.

The family, as a whole, was understandably apprehensive about bringing a claim. The idea of starting a claim and potentially bringing a lawsuit against one’s own mother was obviously not appealing. However, the mother was found to be 100% at fault for this accident, which involved her exiting a stop sign without yielding to a car to her right, resulting in a “t-bone” style accident. In these accidents the driver at the stop sign is presumed to be at fault unless it can be shown that the other driver did something negligent, for example speeding. Even then, it is up to the driver at the stop sign to prove this.

As such, the mother’s insurance was already going to be affected, and she was going to have to pay her deductible. As the daughter’s claim was not likely to exceed the mother’s insurance policy limits, the claim was likely to have no negative financial affects on the mother at all. Meanwhile the daughter was going to be provided with compensation for her pain and suffering, care costs, and any potential wage losses or impairment on her ability to earn income.

Whenever you are involved in a motor vehicle accident, you should consult with a lawyer with experience in personal injury matters. You may be entitled to a claim you were unaware of.

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