Ask Me Help Desk - When I was young I was hit by a car, my mother has always told me we didn' t win the

When I was young I was hit by a car, my mother has always told me we didn' t win the

When I was young I was hit by a car, my mother has always told me we didn't win the settlement. I find that hard to believe. How can I find out if there was a settlement?

If it was settled out of court, the party that hit you would know, the insurance company that either settled or did not settle would know.

If you ran out in front of a car when you were little it most likely wouldn't lead to a settlement depending on who the courts determined as to who was at fault. If it was determined that the driver did his level best and your mom was neglegent then there would be nothing further.

It's not a matter of not winning an out-of-court settlement. If the person who hit you (or his insurance company) made an offer, either your parents accepted it or they didn't. If they didn't, they would have had to sue or decide the couldn't win and not sue. If they did sue the court would have a record of what came of it.

Quote:

Originally Posted by califdadof3

If you ran out in front of a car when you were little it most likely wouldnt lead to a settlement depending on who the courts determined as to who was at fault. If it was determined that the driver did his level best and your mom was neglegent then there would be nothing further.

I don't see where he said he "ran out in front" of a car? He said that a car struck him. When dealing with a pedestrian knockdown, the odds are extremely low that at least a portion of liability would not be on the driver. (the implications of that depend on the jurisdiction) Additionally, you ar enot permitted to impute parental negligence onto the child in most jurisdictions.

To answer the OPs question, if your mother said you "lost" ask her what court the case was brought in. All you have to do after that is go online, or to the courthouse and search the records for that year.

I doubt that your mother is hiding a settlement from you as most courts require judicial approval of any settlement involving an infant. Such approval usually entails placing the funds in trust for the infant until he reaches the age of majority.

It is posible that you live in a jurisdiction where some degree of comparative fault precludes recovery and did indeed lose. But the easiest way to find out is going to the courthouse and pulling the file.

Quote:

Originally Posted by sideoutshu

I don't see where he said he "ran out in front" of a car? He said that a car struck him. When dealing with a pedestrain knockdown, the odds are extremely low that at least a portion of liability would not be on the driver. (the implications of that depend on the jurisdiction) Additionally, you ar enot permitted to impute parental negligence onto the child in most jurisdictions.

To answer the OPs question, if your mother said you "lost" ask her what court the case was brought in. All you have to do after that is go online, or to the courthouse and search the records for that year.

I doubt that your mother is hiding a settlement from you as most courts require judicial approval of any settlement involving an infant. Such approval usually entails placing the funds in trust for the infant until he reaches the age of majority.

It is posible that you live in a jurisdiction where some degree of comparative fault precludes recovery and did indeed lose. But the easiest way to find out is going to the courthouse and pulling the file.

The answer I gave was accurate per the example I was giving. The fact that the OP was stating being hit by a car can take on many examples. But not all of them lead to a settlement in the OP's favor. Children have and do run out in front of cars every day. Its just one of many examples.

Quote:

Originally Posted by sideoutshu

You said that the Court would consider the mother's negligence in assessing fault. That is flat out wrong.

Seems like it. But you're getting far afield. All the OP needs to know right now is if there was or was not a "settlement". Let's focus here.

I don't want to close this thread because the OP may have some follow-up. But I will not allow this to get into a fight.

Califdad was proposing a possibility to the OP. Everything else that went on after that was inappropriate. End of story.