What Should I Do If My Child Was In A DUI Crash And Insurance Won’t Pay?
If your child was injured in a DUI crash and the insurer refuses to pay, review the denial letter, gather strong evidence, and check your own insurance coverage options. Also, consult an experienced DUI accident lawyer immediately to challenge the refusal and pursue the full compensation your child deserves.
At Todd Miner Law, our attorneys have over 32 years of experience handling cases where insurers initially deny coverage. For example, one of our clients was wrongly blamed for running a red light and wasn’t offered any payment. We filed a lawsuit, presented strong evidence, and secured a $1.1 million settlement on their behalf. If your child was injured and you’re facing a similar situation, call 407-894-1480 today to book a free consultation.
How Can You Handle an Insurance Denial After Your Child’s DUI Accident?
When an insurer rejects your child’s DUI accident claim, request a written explanation that lists every reason for the refusal if the denial letter lacks detail. Then, gather targeted evidence, including police reports, medical records, expert analysis, and witness statements, to address each point directly and push for fair compensation.
Here are additional steps to take if the insurer rejects your child’s DUI accident claim:
Appeal the Decision
File a formal appeal through the insurer’s internal review system within 180 days to six months of the denial. For the exact deadline, check your denial letter or insurance policy terms. When appealing, make sure to submit stronger evidence to improve your chances of reversing the decision.
Hire a Car Accident Lawyer
An experienced attorney can review your policy documents and identify any coverage you may have overlooked. They will also hold the insurance company accountable for bad faith tactics and file a complaint with the Florida Department of Financial Services.
Send a Demand Letter
In situations where the formal appeal fails, your lawyer can send a formal demand letter. This legal notice outlines the facts of the crash, damages, and a specific settlement amount. It also signals that you’re prepared to take legal action.
Take the Case to Court
When negotiations and appeals do not resolve the claim, your attorney can initiate a lawsuit. This legal action targets the insurer or at-fault driver to secure the compensation your child deserves.
What are the Legal Rights of a Child Injured by a Drunk Driver?
A child injured by a drunk driver has the legal right to seek compensation through the other driver’s auto insurance policy. Parents or guardians can file an insurance claim on their behalf to recover accident-related losses. If the driver lacks sufficient liability coverage or is not insured, they can also pursue underinsured/uninsured motorist coverage under their own policy to recover damages.
Furthermore, Florida law allows parents to hold all responsible parties legally accountable. Besides the drunk driver, this may include the vehicle owner or an establishment that overserved alcohol under the state’s dram shop laws. In cases involving extreme negligence, punitive damages may be available as well to punish the offender and prevent similar misconduct. Florida law also protects a minor’s injury claim from expiring too quickly.
In most cases, the law imposes a pause on the 2-year statute of limitations until the child turns 18. This extension gives families more time to file a lawsuit, but delays can still weaken the case. Evidence may get lost, and witness memories can fade. Therefore, acting promptly is important to build the strongest possible claim.
When Does Child Endangerment Law Apply To a Car Accident Claim?
In Florida, child endangerment law applies when an impaired driver shows reckless behavior with a minor present in the vehicle. This law still remains in effect even if the minor is not physically injured, as exposing them to a serious risk also triggers legal liability.
A child endangerment finding in a DUI crash can strengthen a civil injury claim. For example, it helps establish negligence per se. This removes the need to prove the driver’s liability separately, which can make your case stronger and easier to win. Furthermore, it might also lead to higher compensation by supporting claims for punitive awards and non-economic damages. These damages usually include the child’s pain, pain and suffering, and long-term trauma. Even settlement negotiations get smoother, as insurers often view these cases as high-risk for significant jury awards. Therefore, they prefer settling outside of court to limit that exposure.
What are the Reasons an Insurance Company Denies a DUI Claim?
Insurers may deny a child’s DUI injury claim by disputing how the crash happened, downplaying injuries, or pointing to missed reporting deadlines. They may also reject injury claims for incomplete documentation, uninsured at-fault drivers, or damages exceeding policy limits. Some denials may also arise from delays in seeking medical care or the presence of pre-existing conditions.
Furthermore, insurers also suspect fraud if there are inconsistencies in your statements, forms, or supporting evidence. In such cases, they scrutinize your claim strictly, which might result in a denial of the payout. Similarly, if your child was at fault, the insurer could refuse compensation under the policy exclusion.
A policy exclusion is a clause in every insurance contract that removes coverage for specific situations, such as driving under the influence. In this situation, contributory negligence may also play a role. The insurer might try to shift the blame onto you for allowing an underage or impaired teen to drive. They may also argue that the child’s actions contributed to the injury, such as not wearing a seatbelt.
Which Damages Can You Recover On Behalf Of an Injured Child?
You can seek compensation for current and future medical expenses, including rehabilitation, therapy, and necessary care, along with loss of enjoyment of life and pain and suffering for an injured child. The claim may also include lost income if the crash affects your child’s ability to earn in the future.
Here are some other damages that are compensable for an injured child:
- Emotional Distress: It covers psychological harm, anxiety, depression, or PTSD that your child suffers because of the crash.
- Property Damage: If the crash damaged your child’s belongings (like a wheelchair, phone, or bike), you can include that in the claim.
- Home or Vehicle Modifications: This involves costs of ramps, lifts, or adaptive equipment, like wheelchairs or prosthetics, needed to support mobility after the injury.
- Long-Term Care Expenses: It refers to ongoing nursing assistance, in-home care, or specialized education services your child may require.
- Travel Charges: Under this category, you can recover the costs of traveling to and from medical appointments during the child’s recovery.
If your child was injured in an accident, contact our team at Todd Miner Law. We will document current and future losses, support them with strong evidence, and fight aggressively to help you seek maximum settlement.
What Evidence Should You Collect To Challenge the Insurer’s Denial?
To challenge an insurer’s denial for DUI claims, collect the police report showing intoxication and fault, medical records detailing your child’s injuries and treatment, and witness statements. Also, include clear photos or videos of the crash and repair estimates that help establish the extent of damage caused by the DUI collision.
Additional valuable evidence can include toxicology or breath test results confirming the driver’s impairment. You can also provide school records documenting changes in your child’s behavior or performance. Furthermore, psychological assessments from licensed professionals also play an important role in establishing the emotional impact of the crash. In some cases, your lawyer may even involve accident reconstruction experts. Their reports explaining how the accident occurred help prove liability. Similarly, medical experts linking your child’s condition directly to the DUI crash can provide another powerful evidence required to counter the insurer’s denial.
What Are the Penalties for a DUI with a Minor in the Car in Florida?
A first-offense DUI in Florida with a minor under 18 can result in a $1,000–$2,000 fine, up to nine months in jail, and a license suspension for a year. You might also need to install an ignition interlock device in your vehicle for 6 months. Repeated criminal charges bring even harsher fines, longer jail time, and possible child abuse charges.
For example, in a second offense, the fine increases to $2,000–$4,000 with one year in jail. Similarly, a third offense carries a minimum fine of $4,000. It can also result in additional court-ordered penalties. If a repeated offense occurs within 10 years of a prior conviction, it will be classified as a felony under Florida Statute § 316.193. A felony conviction will stay on your criminal record permanently. It can create long-term consequences for employment, insurance rates, and driving privileges.
Todd Miner Law Fights Insurance Denials After Your Child’s DUI Crash — Get a Free Consultation!
If a DUI crash injured your child, you could be dealing with huge medical bills, time away from work, and the emotional toll on your family. In such a situation, an insurance company’s denial only adds to that stress. However, with the right legal support, you can fight for the compensation your child needs for recovery.
At Todd Miner Law, our team will help you hold the at-fault driver and their insurer fully accountable. Our lawyers are former insurance officers, so we know how to counter the tactics insurers use to deny claims. We will gather strong evidence and bring in expert analysis. Our goal is to build a solid case that protects your child’s rights and maximizes your payout. Call 407-894-1480 or visit our law office at 915 Outer Rd, Orlando, for a free case review.
FAQs
Does Liability Coverage Apply if a Teen Driver Caused the DUI Crash?
Yes, liability coverage can apply if the teenage driver caused the DUI crash. But the insurance company may deny the claim if policy exclusions exist. In Florida, your car insurance policy’s liability coverage usually pays for bodily injury and property damage caused to others. However, DUI cases often trigger disputes, so you should review your auto insurance policy and consult a law firm immediately.
Are Parents Liable for Their Children’s Car Accidents?
Yes, parents can be legally responsible for damages a teen’s driving causes under Florida’s parental liability laws. If your child is a minor, your signature on their driver’s license application makes you financially responsible for accidents they cause. This includes paying for the damaged vehicle, medical expenses, lost income, and other documented losses for the injured person.
How Long Will a DUI Stay on the Insurance Record?
In Florida, a DUI conviction typically stays on your car insurance record for three to five years. During this time, insurers often classify you as a high-risk driver, which can significantly increase premiums. The exact time period may differ by insurance company, and some may even apply higher rates beyond five years.
What Happens if My Child Tragically Dies From the Crash?
If your child dies in a DUI crash, you can file a wrongful death claim under Florida law. This allows recovery for funeral costs, medical bills, loss of companionship, and emotional suffering. The at-fault driver’s auto insurance policy, your own uninsured motorist coverage, or both can provide compensation. An experienced lawyer can protect your rights and help you seek fair compensation.
Can I Sue the Drunk Driver Even if They Were a Family Friend?
Yes, you can sue the drunk driver even if they were a family friend. Personal relationships do not prevent you from filing a claim for damages. The at-fault driver’s car insurance company usually pays the settlement, not the driver personally. Therefore, you can protect your child’s rights while still preserving personal ties when possible.
How Does a Car Accident Settlement Work for a Child Injury Claim?
In a child injury claim, a parent or guardian files for compensation covering medical expenses, pain and suffering, and future care needs. Settlements require court approval to ensure fairness. Also, approved funds are usually placed in a restricted account, with withdrawals needing court permission until the child turns 18. This process protects the child’s best interests while ensuring responsible management of the compensation for their recovery and long-term needs.
How Do Florida PIP Insurance Rules Affect DUI Claims?
Florida’s personal injury protection (PIP) coverage pays for 80% of your medical expenses and 60% of lost income, regardless of fault. However, DUI crashes often result in serious injuries that exceed PIP limits. In such cases, you can pursue the at-fault driver’s liability coverage or your own uninsured motorist coverage.
When Does an At-Fault Driver’s Insurance Not Pay the Full Amount?
The at-fault driver’s car insurance company may refuse to pay the full amount when policy limits are exceeded, liability is disputed, or exclusions apply. In DUI cases, insurers may also argue contributory negligence or question medical bills. When coverage is insufficient, you can turn to your own uninsured motorist coverage or file a lawsuit to recover compensation.
