Down and out after a serious truck or car accident, many an accident victim is hit with yet a second wallop - when they learn that the negligent driver was either uninsured or carried woefully inadequate insurance coverage.
Up until the mid-twentieth century, a legal doctrine called "family immunity" barred most lawsuits by one family member against another. The rationale was the promotion of family harmony and cohesiveness.
Michigan has abolished those laws. Yet, the myth persists that it is unlawful or "wrong" to bring a claim against a family member. Nothing could be further from the truth. Especially since the "claim" is first presented to the Insurance Carrier. Since 98% of personal injury claims are settled behind the scenes, before the matter ever goes to court, the potential for bruised feelings among family members is nearly nil.
In this case, the three year old injury victim from Grand Junction, Michigan was riding in mom Jennifer Welsh's car. The driver of an oncoming vehicle caused the collision. But, reportedly, the 3 year old boy's mother had improperly secured the youngster - thereby contributing to his injuries.
That circumstance gives rise to a negligence claim against the parent, and opens the door to additional sources of compensation.
The good news is that at least two insurance companies may be obligated to pay compensation to our young victim. And that is at least a partially happy ending to the story.
Man, 3-year-old boy, injured Wednesday in two car crash in Van Buren County, The Kalamazoo Gazette, September 24, 2010
