In the majority of children pedestrian accident situations in Pennsylvania or New Jersey, minor children will be able to make claims for medical benefits under a parent's car insurance policy.
Both PA and NJ are no-fault states, meaning that regardless of whose fault an accident is, medical benefit claims are made under your own car insurance policy. In a minor child's case, that policy will be a parent's policy. In Pennsylvania, the minimum medical benefit coverage which must be offered by all car insurance carriers is $5,000. In New Jersey, the minimum is $250,000, with some exceptions.
After the benefits are exhausted under the car insurance policy, medical bills and bills for future medical treatment can be recovered against a party who caused the accident by filing a lawsuit.
So for example, in Pennsylvania, if a minor child is hit by a car and sustains serious injuries, the child will make a claim for $5,000 of medical benefits under a parent's car insurance policy. After the $5,000 limit is reached, the child's private health insurance will kick in and assuming the accident was due to the negligence of another party, the child can recover medical bills in addition to other damages against that party in a subsequent lawsuit. Read more about what you can recover in a Pennsylvania car accident lawsuit.
In the case of an adult child who is injured in a car-pedestrian accident, so long as the child is a dependent, he or she will probably be able to make a claim for medical benefits under a parent's car insurance policy. However, it is important to note that each car insurance policy varies in terms of how adult, dependent children are treated. Read more about children making car insurance claims under a parent's car insurance policy in Pennsylvania.
If your child was injured in a car or pedestrian accident in Pennsylvania, feel free to speak to our experienced Pennsylvania car accident lawyers to discuss your child's accident and legal rights. Call 877.944.8396 for a free consultation.
**DISCLAIMER: This website does not provide any legal advice or create any attorney-client relationship. Each case is unique and requires review by a qualified attorney. Discussion of prior outcomes or results is no guarantee of the same or similar outcomes in current or future cases.