Minor's Rights For Settlements In Florida Motor Vehicle Accidents
The following is an expert answer given by Florida Auto Accident Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:
Subject: Child Auto Injury Rights
Question: My friend is an older lady with a 10 year old child. Recently, he and another child were playing outside when a neighbor (and family member of the other child) pulled out of her driveway, backed into my friend's yard and proceeded to pull forward. As she pulled forward, the two children playfully jumped on the car for a short thrill ride down the dirt road. She got annoyed and rather than stopping to ask the children to get off her vehicle, she sped up. The child (which was her nephew) jumped off. My friend's child attempted to jump off but slid and she ran over his leg. She never stopped to check on him or anything. When the other child informed my friend, she panicked. He was rushed to the hospital and pins and screws were placed in his leg. It has now been long enough that he is somewhat healed from this injury, but they have not seen a settlement. The other day, they offered a proposal, but the lawyer informed my friend that it "may" have to go in an annuity accountc She's not sure what this is or how it works, but she would like to have the money now to benefit the child. She wants to put the money in an account of his own (locally), but she is not sure about her rights to go about doing so. Could you please give me some advice to pass along to herc
Answer: Your email does not indicate what state you live in. I am a Florida personal injury lawyer specializing in Florida motor vehicle accidents, slip and fall accidents, and Florida workers compensation claims, so I can only advise you what the law is in Florida. You should always consult with an accident attorney in your area to make sure you get an answer based upon the laws of your state.
Most states have laws which control what can be done with the auto accident settlement proceeds for a minor. In Florida motor vehicle accidents, an settlement for a minor must be set aside for the minor. This can be done in a few different ways, but the goal is to ensure that the settlement money is saved and used strictly for the minor's benefit, and not some other purpose.
One common type of investment used for a minor's auto accident settlement is to place the money in an annuity. Annuities are designed to be a safe, conservative way to invest the settlement money so that it grows over time, and more importantly, is there for the minor when she/he turns the age of majority (18 in Florida). Most annuities are investments with an insurance company that will take the initial auto accident settlement proceeds, invest them until the child turns 18, then pay the proceeds out over time, i.e. ,000 per year for years 18-23; ,000 per year for years 24-29; and a lump sum of a certain amount of money at the age of 30. This is just one example of how the annuity could be paid out, and the amounts the minor receives obviously depends on the amount of the auto accident settlement, and the age of the child. The schedule of how the settlement is paid out at the age of majority can also vary, i.e. it can be paid out in one lump sum at the age of majority, or spread out over just a few years, or spread out over many years.
In Florida motor vehicle accidents, a minor's settlement has to be approved by a Judge. Most Judges favor annuities as they are safe investments, and guarantee the money is available for the minor when they get older. Also in Florida motor vehicle accidents, before a judge can approve most minor's settlement, the terms of the settlement must be reviewed by a "guardian ad litem" to ensure the amount and terms of the settlement are fair to the minor.
However, an annuity is not the only way a minor's auto accident settlement can be used. Many judges will consider placing a portion of the auto accident settlement money into a federally insured bank account to be used for the child's living and educational expenses. Withdrawing money from such an account usually requires a court order. A judge will scrutinize any withdrawals closely to make sure the money is being used for a legitimate purpose i.e. education, medical care, etc, rather than some expense of the parent or other family member.
You should speak with an accident lawyer in your area to determine how this child's auto accident settlement proceeds should be invested. There are many factors that should be considered such as the amount of the accident settlement, the age of the child, the child's general health condition and any special needs he/she may have, and the child's educational needs. Annuities are a good, safe investment which allows the accident settlement money to grow over time, and be there for the child once he/she reaches an age where they can use the money more wisely. Judges favor the use of an annuity because it puts the money into a safe investment that cannot be misused by the parents or guardian, and ensures a substantial amount of the auto accident settlement proceeds are still available for the child when they reach adulthood.
Should you have any further questions, I recommend contacting an auto accident attorney in your state to discuss the settlement possibilities in detail. Good Luck.
If you need advice about your Florida motor vehicle accidents claim, contact Florida Auto Accident Lawyer Joseph M. Maus, P.A.at 1-866-556-5529, visit his website at www.mauslawfirm.com, or email him today. Attorney Joseph M. Maus handles car accident claims on a contingent basis. This means that unless you recover money for your car accident, you do not owe any fees or costs.
About the author: South Florida Attorney Joseph M. Maus and Associates has been helping victims of injuries and accidents for close to 15 years. The firm prides itself on having the resources and experience of the largest state-wide law firms, yet providing individualized attention to each and every client.
Source: http://www.articlesbase.com/personal-injury-articles/minors-rights-for-settlements-in-florida-motor-vehicle-accidents-1300814.html
Frequently Asked Questions
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QUESTION:
Will my motor vehicle insurance cover ruptured breast implant after a accident?
I was in a car accident about three weeks ago, got tboned by a ford and I was in a little Mercedes and got knocked unconscious for the first time.. Car was totaled... I have state farm and have motor vehicle coverage, they said I have up to 25000 in medical coverage... Will this be covered by them if I can get my doctor to say its medically necessary? I have saline implants.. Suffer from back and neck pain which the accident did not help and having one full dd breast will cause bad back problems... I just want to be how I was before 
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ANSWER:
I would think so, but I'm no expert. It may depend on how your medical condition is worded. You doctor will probably know how to word thinks so that insurance will cover it.
Call your insurance company.
I would think it medically necessary to remove the remains of the implant; it's now ruptured and body fluids, including blood, can get inside and fester, causing illness. If they're going to remove the old one, they might as well put a new one in; how much more could it possibly cost?
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QUESTION:
Do people understand differences in mandating insurance coverage?
There seems to be a lot of confusion on the internet over the difference between mandating health insurance and mandating auto insurance for drivers. Simply put, if you do not want to purchase auto insurance, don't choose to operate a motor vehicle, something many people don't do and utilize public transportation. Mandating health insurance has no such escape. Simply by being alive you would be required to purchase it through the individual mandate.
Regardless of the seemingly straight forward and easy to understand difference between the two, one can not peruse the comments section of any recent article about the health care law being declared unconstitutional without inevitably seeing the old "OMGADZORS well I guess I shoulNDT have to puchaze auto inSURANCE either!!!"
My question is this: Are the folks who repeatedly try and hammer this argument down our throats simply unable to understand the difference between the two insurances, or are they just so desperate for a talking point that they will forgo giving it some rational thought in a rapid attempt to "win" the argument for their political affiliation?
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ANSWER:
There are several differences between mandating auto insurance and mandating health insurance:
1) Auto insurance is mandated by the individual states, not the federal government.
2) Auto insurance is not required of everyone; it is only required if you are driving. Driving is a privilege, not a right.
3) But the most important difference is this: The states that require auto insurance require it only to protect the OTHER drivers on the road. There is no state law requiring anyone to insure themselves or their own vehicle. No state requires you to buy auto insurance to cover your OWN medical expenses if you are injured in an auto accident. And the states do not require you to buy insurance to cover repairs to your OWN vehicle, (although your lender might.)
The people who try to hammer the argument down our throats are trying to defend the new health care law. There is no good defense, so they use that argument and also the one that says we all need to buy insurance so the freeloaders who don't buy insurance don't run up every one else's premiums. Actually that argument is no good either, because the new law exempts most of the people who have not been buying insurance. For example: illegal immigrants, low income people and people who qualify for Medicaid are exempt. These are the people who are "not paying their own way" but these are the people who are not mandated to start "paying their own way." There was a good article in the National Review about this.
http://www.nationalreview.com/articles/274693/eleventh-circuit-takes-aim-obamacare-avik-roy#
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QUESTION:
car insurance coverage?
Will the insurance of a driver pay off for a non family member's vehicle that was totaled if he has total coverage for his vehicles? The vehicle that was crashes has a lien against it & only has liability insurance. However, the driver that wrecked has total coverage for both of his vehicles. He has USAA insurance which looks like good insurance?
There is GAP insurance on the wrecked vehicle.
My question, how do I get the ball rolling on this? I live in Oklahoma, the truck is sitting at a savage yard in Killeen, TX , the primary driver (a soldier) is in a military camp in Virginia, the soldier that wrecked the vehicle is living in Killeen, TX. I signed for the loan, my name is on the title. I haven't ever driven this vehicle.
The salvage yard said they sent registered letters to the Oklahoma motor vehicle department. This sounds like it could take months and months to settle.
Meanwhile, I need the primary driver to continue make the payments. They are not agreeing on who shuld
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QUESTION:
I got a ticket in NJ for 39:6b-2 operating a motor vehicle with no liability insurance.?
My car was at a mechanic getting fix (at the time it got ticketed it was there for 11 months) The car was supposed to be kept on private property. And also the mechanic said he had dealer insurance i didnt need my own. I have a few questions first of all. The car was parked i wasnt driving the car is this ticket still good? Secondly i've heard if you have other insurance in the household the auto in question is technically "insured". I personally have full coverage on a late model BMW and another family member full coverage on two other cars. I didnt have insurance on the car being fixed because it was being fixed for a LONG time(11 months) .... Any advice? Or help with the exact meaning of the law i alledgly broke 39:6b-2. One last thing it was only uninsured for 2 weeks.
Any ideas?
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