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The Rohrstaff Law Firm

The Rohrstaff Law Firm

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What insurance pays if my child is hit by a car while walking to school?


There are several possibilities, all of which depend on who has what kind of car insurance.

1. If the driver was at fault, his insurance will pay for medical expenses and pain and suffering, both past and future, that are related to the injury. However, this is liability coverage and will only pay out at the end of the process -- after you prove the driver was at fault and what the total amount of damages are. So, that will not help pay bills as your child gets treatment.

2. If your car insurance has medical expense benefits, sometimes called medpay, the portion of your child's medical bils that are not covered by your health insurance (that is, your out of pocket expenses and deductible) will be paid under this part of your car insurance, even though your child was not in your car when she was injured. It is very important coverage, and you should have very high limits.

3. If the driver was at fault but had no insurance, your uninsured motorist coverage will take the place of the other driver's liability coverage and "act like" the coverage in #1 above. Since this is coverage that protects your family, you should buy the highest coverage your insurance company will sell you. It will not be expensive. I promise. (By the way, it is perfectly legal to own and drive a car in Virginia that is uninsured.)

It is so important that Virginia motorists have enough insurance that Rohrstaff Law Firm offers a FREE evaluation of your insurance policy. Contact us through the form on the right, or call 703-260-6070 or email [email protected] and ask for your free insurance evaluation. (Rohrstaff Law Firm gets no fee for evaluating car insurance policies and suggesting changes to coverage. That is, no one, including any insurance company, pays us for offering this free service.)

Sandra Rohrstaff
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Virginia Child Injury and Elder Abuse Attorney