Legal Question in Personal Injury in North Carolina

can a mother that has joint custody file a claim(auto accident) on a minor without the fathers (primary physicl caretaker/insurance provider) consent? this is in the state of NC.


Asked on 8/02/10, 2:06 pm

1 Answer from Attorneys

John Kirby Law Offices of John M. Kirby

The answer to this depends on a lot of the specifics of the type of claim to which you are referring. But in general, if you are referring to a claim against another driver (who was at fault) for injuries to the child, then generally speaking, you can make such a claim. The situation becomes more complicated, however, if the insurance company wants both parents to sign a release, which they often do. Also, in theory, the proceeds of a settlement should go to the minor, and not to the mother or the father, except to the extent needed to cover medical bills. When a minor presents a claim in court, he does so through a "guardian," and any suitable person can serve as the guardian for that purpose. Claims involving minors can become very tricky, and you probably want to consult with a lawyer and provide him or her with more information to give you a more thorough answer to this question.

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Answered on 8/07/10, 4:28 pm


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