Few things are more traumatic for a parent than seeing their minor child injured in a car accident. On top of the physical pain the child is dealing with, there’s the emotional toll of seeing them scared, in distress, and not knowing what comes next. Hospital visits, growing medical bills, and pushy calls from insurance adjusters can make it even worse.
If this has happened to one of your children, you’re likely worried about how you’ll get the financial compensation they need. Michigan’s no-fault system can be hard to interpret, especially when it involves a minor. The rules are different, the timelines can vary, and decisions made too early can have long-term consequences.
This guide outlines what parents need to know. You’ll learn how car accident injury claims for children work in Michigan, what rights you have as a parent, how compensation is handled, and what steps you should take to protect your child’s health and future financial security.
Parental Rights in Michigan Injury Claims
Children cannot legally file their own auto accident claims or lawsuits: that responsibility falls to the parent or legal guardian. When you’re dealing with an insurance adjuster, signing medical releases, or filing a lawsuit in court, you’re the one who represents your child’s legal interests.
Here’s what that includes:
- Filing insurance claims under your auto policy’s PIP coverage
- Communicating with third-party insurers if another driver was at fault
- Pursuing a pain and suffering claim through a lawsuit if the injury meets Michigan’s threshold
- Approving or rejecting personal injury settlement offers
- Making decisions about structured payouts for your child’s future
As an example, let’s say your child is injured as a passenger in their babysitter’s car. Even if you weren’t in the crash and your car wasn’t involved, you’re still the one who files the claim on your child’s behalf, either under your own PIP coverage or through the Michigan Assigned Claims Plan if no coverage applies.
The decisions you make now will impact your child’s financial and medical options for years. This is why it’s so important to hire a car accident lawyer as soon as possible: a skilled attorney will know what their claim is worth and aggressively pursue maximum compensation.
Michigan No-Fault Insurance and How It Applies to Children
Michigan’s no-fault law requires every vehicle owner to carry PIP coverage. This coverage pays for an injured person’s medical costs regardless of who caused the auto accident.
When a child is injured, these benefits usually come from the parent’s or household’s auto insurance policy. If there is no policy in the household, the child is still covered. If the child was a pedestrian or bicyclist at the time of the crash, or if they were riding with someone else, PIP benefits still apply. Covered benefits for children include:
- Hospital visits, surgeries, physical therapy
- In-home nursing or attendant care costs
- Rehabilitative services like speech or occupational therapy
- Psychological counseling
- Transportation to medical appointments
- Up to $20 per day in replacement services (if the child helped around the house)
Important Tip: Make sure every medical provider knows that your son or daughter suffered an auto-related injury and bills your PIP carrier directly. If they send bills to your health insurer instead, you could get stuck with denied claims or unnecessary out-of-pocket charges.
When to File a Lawsuit vs. Accept a Settlement
Most cases involving severe injuries to children settle without a trial. However, not every personal injury settlement is fair, especially when the insurer is only offering to cover short-term costs. Before agreeing to anything, consider the full picture.
Questions parents should ask:
- Have all medical providers submitted their final reports?
- Has your child’s injury fully healed, or could there be future issues?
- Has your child needed emotional support or counseling?
- Will this affect your child’s ability to learn, play sports, or socialize?
- Is the offer based only on current expenses, or does it include pain and suffering?
Example: If your child suffered a concussion and now struggles in school, a quick settlement may ignore cognitive changes that don’t surface for months. Once you sign a release, you lose the right to ask for more compensation, even if new issues appear later. When there’s any doubt, it’s wise to delay the settlement or file a lawsuit to protect your child’s long-term needs.
Special Considerations for Pain and Suffering Claims
Michigan allows pain and suffering claims when the injury is serious enough to meet the “threshold injury” standard. This usually means permanent disfigurement, serious impairment of body function, or death. These claims go beyond medical bills and address how the injury has changed the child’s life.
Here’s an overview of what generally counts as pain and suffering for a child:
- Emotional trauma after the crash
- Loss of enjoyment in activities like school, sports, or friendships
- Permanent scars or disfigurement
- Depression, anxiety, or PTSD
- Sleep problems or behavior changes
For example, an 11-year-old with facial scarring from glass injuries may avoid social situations or suffer bullying. A 7-year-old with a broken leg may develop a long-term fear of cars or roadways. These emotional consequences carry weight in a claim.
Long-Term Effects of Childhood Car Accident Injuries
Children’s bodies and brains are still developing. Injuries can affect how they grow, how they learn, and how they interact with others. These impacts aren’t always obvious at first.
Common long-term concerns include:
- Traumatic brain injuries (TBI) may not show academic effects until years later
- Spinal injuries can interfere with growth and physical development
- Mental health challenges might surface gradually, especially with PTSD
- Scarring or limb injuries could require multiple surgeries as the child grows
A 10-year-old with a fractured femur may appear healed after a few months, but growth complications might lead to leg length discrepancies and gait problems by age 14, requiring corrective surgery. Settlements should account for future medical evaluations, assistive devices, and therapy costs. If your child will need care past the age of majority, that needs to be built into the compensation now.
Statute of Limitations for Child Injury Claims in Michigan
Normally, personal injury lawsuits in Michigan must be filed within three years of the accident. But when the victim is a minor, the law pauses that clock. This means that:
- The statute of limitations is tolled (delayed) until the child’s 18th birthday
- After turning 18, the child has one additional year to file a lawsuit
- This means most injured children have until the age of 19 to file
Although you have this additional time, you still don’t want to wait. For example:
- Medical costs must be submitted within one year to receive PIP reimbursement
- Evidence becomes harder to collect with time
- Witnesses move, forget, or become unavailable
- Some personal injury claims involve deadlines much shorter than others (e.g., governmental vehicles)
You should take action now, even if you think you have a lot of time to prepare a personal injury lawsuit. The sooner you act, the better your chances of securing fair compensation.
Guardian Ad Litem in Child Injury Cases
Before a court approves a settlement involving a minor, it may appoint a Guardian Ad Litem (GAL). This person doesn’t represent the parents or the insurance company; their job is to protect the interests of the child. This means that they will:
- Review medical records and settlement details
- Interview parties if necessary
- Ensure the amount is fair and meets future needs
- Report their findings to the court
Even if both sides agree on a settlement, the court won’t sign off unless the GAL confirms it’s appropriate. If the GAL raises concerns, the court may require changes to the agreement or order further review.
How Settlements for Minors Are Handled in Michigan
Once a settlement is approved, the court decides how the money is managed. The goal is to protect the child from misused funds and to ensure the money is available when they need it. Two common payout structures are:
- Structured Settlement: With this financial arrangement, the money is paid out at set intervals: for example, at ages 18, 21, and 25. It’s often used for larger settlements, but can be used for smaller settlements as well.
- Restricted Account: Under this arrangement, money is deposited in a bank account in the child’s name. Withdrawals require court approval until the child reaches 18. This process to obtain court approval is tedious and often unsuccessful.
It is important to note that in some cases, a parent can petition the court to release settlement funds early for education, medical expenses, or home modifications. The judge may grant this petition with proper documentation and justification.
Steps Parents Should Take After a Child Is Injured in a Crash
What you do in the hours and days after a crash can impact any insurance claim or legal action you may need to take. Missed steps can delay treatment, reduce compensation, or complicate your case down the road. Acting quickly and thoroughly gives you better control over the outcome.
- Get Medical Care: Even if your child says they feel fine, have them seen by a doctor right away. Children often minimize pain or fail to recognize symptoms of more serious problems. Injuries like concussions, internal bleeding, soft tissue damage, or spinal strain may not show up immediately. A medical evaluation creates a record of the injury and connects it directly to the crash. This record is critical for insurance coverage and any potential lawsuit. Follow all treatment recommendations, attend follow-up visits, and avoid skipping appointments.
- Notify Your Insurance Company: Contact your auto insurance provider and report the accident. Let them know that your child was injured and request a no-fault PIP application. Include your child’s medical records, doctor’s notes, and any prescriptions or referrals. Keep a copy of everything you send. If your child was not in your vehicle at the time of the crash, your insurer can help determine which insurance policy is responsible under Michigan’s priority system.
- Document the Accident: Gather as much information as possible about the crash. If you were at the accident scene, take clear photos of the vehicles, road conditions, traffic signs, and anything that might have contributed to the auto accident. You should also photograph your child’s injuries as soon as possible, collect contact information for witnesses, and keep a copy of the police report once it’s available.
- Track All Medical Treatment: Start a folder or digital file to organize every document related to your child’s care. This includes ER discharge papers, imaging results, prescriptions, therapy notes, and invoices. If your child needs special equipment, medications, or in-home assistance, keep receipts. This helps establish the full cost of care and supports your claim for reimbursement under PIP benefits or future legal action.
- Monitor Emotional and Behavioral Changes: Car accidents affect more than just the body. Children may experience emotional trauma, even if their physical injuries are minor. Watch for signs of anxiety, nightmares, fear of riding in a car, changes in appetite, withdrawal from friends or activities, or difficulty concentrating in school. If you notice anything concerning, schedule an evaluation with a pediatric therapist or counselor.
- Speak with a Personal Injury Attorney: The sooner you involve an attorney, the more support you have in dealing with insurers, collecting evidence, and preserving your child’s rights. An experienced Michigan personal injury lawyer can make sure your child’s long-term needs are factored into any settlement and represent your family in court if the accident claim can’t be resolved through negotiation.
Get a Free Consultation From a Michigan Car Accident Attorney
Your child’s recovery is the priority, but their legal rights matter too. One mistake, like signing the wrong form or settling too soon, can affect their care and financial stability for years. Michigan law gives parents the tools to protect injured children, but the system isn’t easy to handle alone.
If your child has been hurt in a crash, contact The Lee Steinberg Law Firm. We’ve been helping Michigan families recover maximum compensation for decades and won’t settle for less than the full value of your claim. Call 1-800-LEE-FREE to schedule a free consultation with an auto accident lawyer, or fill out our online contact form today.