By Alex Stalvey
Few moments are more terrifying than learning your child has been in a car accident, especially if they were injured and require medical attention.
In the hours that follow, parents often feel overwhelmed in this unfamiliar situation, unsure what steps to take, how they should be working with the authorities and insurance companies, and what action they should or shouldn’t take with those responsible.
This guide explains what South Carolina parents need to know if their child is injured, including what to do if they can get to the scene of the accident, how liability works when another adult is involved, and how insurance coverage may apply to help with medical and legal needs.
What should I do right away?
What if the accident happened while my child was riding with another adult?
How do I handle the medical bills?
What Should I Do If My Child Is Injured in a Car Accident?
- Collect information. Exchange details with drivers, property owners, or supervisors as needed. Ask for witness names and get copies of incident reports.
- Document everything. Keep medical records, photos, and notes. Incomplete documentation is one of the main reasons insurers delay or deny claims. **Check out our podcast and blog post on how to work with medical professionals to protect your injury claim. **
Should I Let My Child Speak with an Insurance Adjuster?
Children often want to “be brave” for adults or give quick answers to please authority figures. They may downplay their pain or give inconsistent answers under pressure. Police officers, EMTs, or doctors may ask your child questions right away, and that’s normal because they need information to provide care or complete basic reports. Parents should be present during these conversations, but a lawyer is not typically included at this stage.
Where legal guidance becomes essential is after the initial emergency passes, especially if the injuries are significant. Within days, insurance companies may start making calls. Adjusters are trained to look for inconsistencies, even from children, and may ask leading questions like “Were you feeling okay right after the accident?” or “Did you tell the doctor you felt fine?” Innocent answers can later be used to reduce or deny coverage.
That’s when it’s wise to involve a lawyer. Having legal counsel at that stage means:
- You won’t be left to handle adjuster calls on your own.
- Your lawyer can step in to manage all communications.
- Your child’s rights and future medical needs are fully protected.
Remember, it’s normal for parents to handle the early medical and police conversations, but once insurance companies get involved, having a lawyer on your side is the safest and smartest step.
What If I Wasn’t There When the Accident Happened?
If you weren’t at the scene:
- Request accident reports and video footage if available.
- Get witness contact information.
- Secure medical records from the facility that treated your child.
South Carolina law allows parents to pursue claims on behalf of their minor children. These claims can cover medical expenses, ongoing care, and the impact on your child’s daily life.
What If My Child Was Injured While Riding with Another Adult?
This is one of the most common and awkward situations. Your child may have been in a friend’s or neighbor’s car. You don’t want to damage that relationship by “suing” someone you know.
But the reality is that claims are made against insurance policies, not individuals. And the costs of pediatric injuries like emergency care, therapy, rehabilitation, or long-term treatment can be significant when they’re added up. Insurance exists for this reason.
Whose Insurance Pays for My Child’s Medical Care?
- The at-fault driver’s insurance. Their liability coverage may pay medical bills and damages.
- Your own policy. Parents are often surprised to learn that their auto insurance, including underinsured motorist (UIM) coverage, may cover their child’s injuries even if the child was riding in someone else’s car.
Why this matters: South Carolina’s minimum liability coverage is just $25,000 per person, and this is often far too low when children are seriously injured. Sorting out which policy applies is rarely simple, but it’s critical to your child’s care and recovery.
How Do Parents File a Claim for a Minor in South Carolina?
- Parents act as the “next friend.” You file on behalf of your child.
- Two sets of damages may be included. Your child’s damages (pain, suffering, long-term care) and your own expenses (medical bills you’ve paid, therapy costs).
- Court approval is often required. Settlements over $2,500 usually need a judge’s approval to ensure fairness. Larger amounts may be placed in trust until your child reaches the age of 18.
Why Would I Need a Lawyer If Insurance Should Pay?
Parents expect insurance to cover these situations, but it rarely works that way. Low limits, overlapping coverages, and settlement rules for minors can leave families exposed.
My team and I will:
- Review all available insurance policies
- Identify when your own coverage applies
- Handle sensitive situations where another adult you know is involved
- Protect your child’s right to full and fair compensation
This takes the burden off parents, allowing you to focus on your child’s recovery while I manage the legal and insurance complexities.
Quick Checklist for Parents
- Collect witness names, reports, and photos
- Ask for and keep all medical records
- Protect your child from pressure or leading questions
- Understand that claims are made against insurance policies, not friends
- Get help navigating complex coverage issues
If your child has been hurt in an accident in South Carolina and you’re unsure of the next step, reach out. I’ll walk you through the process and help you protect your child’s future.
