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A driver hit my 5-year-old daughter in a parking lot. Can I file an insurance claim?

The answer to this question is definitely yes if your daughter suffered injuries severe enough to require emergency medical treatment or hospitalization.

The severity of the injury would be the primary consideration in this instance because concepts like right of way and contributory negligence do not apply to children younger than 8 years old. It would not matter, for instance, if your daughter ran ahead of you and failed to see a car that was backing out of a parking spot.

But please do be aware that insurance claims must have merit. A mild bruise or simple scare will not result in a settlement.

EJL

Eric K. Washburn
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Personal Injury & Wrongful Death Lawyer Serving Va Beach, Norfolk, Chesapeake & all of Virginia