My Child Was Hit by a Car in Hialeah: What Parents Must Do First

Get your child to a doctor or emergency room the same day. Florida law cuts off all PIP medical benefits if initial treatment does not happen within 14 days of the crash, even if your child seems fine now. Your household’s auto insurance PIP policy pays first, not the driver who hit them. Because your child is a minor, you bring the claim on their behalf, and any settlement above a certain amount will need a judge’s approval before the money can be released.

Why does my child need to see a doctor today, even if they seem okay?

Florida Statute § 627.736(1)(a) says PIP pays nothing if the injured person does not receive initial medical treatment within 14 days of the crash. This rule applies to children exactly as it does to adults. Children often under-report pain, and adrenaline can hide serious symptoms for hours or days. The longer you wait, the easier it is for insurers to argue that if your child were really hurt, they would have gone right away. A same-day visit creates a clear medical record tied directly to the crash, blocking that argument. PIP pays 80 percent of reasonable and medically necessary medical bills up to $10,000 if an emergency medical condition is found; otherwise, only up to $2,500. Miami-Dade County is served by pediatric trauma facilities, ask 911 dispatch or your pediatrician which one is appropriate. Keep every bill, note changes in your child’s sleep, mood, headaches, schoolwork, or behavior, and follow up with specialists. These notes are real evidence. We handle these matters in Spanish.

Whose insurance pays my child’s medical bills first, mine or the driver’s?

Your own household auto insurance pays first, not the driver who hit your child. Florida Statute § 627.736(4)(e) sets the order: (1) the injured person’s own PIP policy; (2) a resident relative’s PIP policy; (3) the striking vehicle’s PIP policy, only if the first two do not exist. Most children do not own cars, so the family policy at home covers them immediately. This applies even if your child was walking to school or waiting at a Metrobus stop along W 49th Street or Okeechobee Road. PIP pays regardless of fault. If your household policy includes uninsured/underinsured motorist (UM/UIM) coverage, which Florida Statute § 627.727 says must be rejected in writing, it can cover additional costs if the at-fault driver has no or too little bodily injury insurance. Check your declarations page now. Do not assume the other driver’s insurer is your first stop, that is a common mistake.

Who actually files the lawsuit, and how long do we have?

You file the lawsuit on your child’s behalf as their parent or legal guardian. A minor cannot file a lawsuit or sign a binding settlement on their own, and Florida Statute § 744.387 sets the rules for settling a minor’s claim. The deadline to file a negligence lawsuit is two years from the date of the crash, per Florida Statute § 95.11. Minority alone does not pause that clock. Florida Statute § 95.051 allows tolling only in narrow situations: if no parent or guardian exists, if the parent has a legal interest adverse to the child, or if the parent has been adjudicated incapacitated. Even then, suit must be filed within seven years of the crash. Do not wait. Police reports, traffic camera footage, witness memories, and vehicle damage fade fast. Crash reports are confidential for 60 days under Florida Statute § 316.066, only the parties, their insurers, and their lawyers can access them during that window. That is one more reason to call a lawyer early.

Is my child blamed differently than an adult would be for walking into traffic?

Florida uses modified comparative negligence: recovery is reduced by your child’s share of fault and barred only if they are more than 50 percent at fault, per Florida Statute § 768.81(6). But courts judge a child’s actions against what a child of similar age, experience, and judgment would do, not an adult standard. Very young children are rarely found negligent because they cannot legally appreciate danger like adults do. Drivers must yield to pedestrians in marked crosswalks and exercise due care to avoid hitting anyone, per Florida Statute § 316.130. Under § 316.130(15), drivers must also exercise proper precaution upon observing any child. On busy streets like W 49th Street and Okeechobee Road, where children may be walking or waiting for a bus, drivers need to pay close attention. A driver who was speeding, distracted, or failed to slow near a school zone may be found negligent even if your child stepped out unexpectedly.

Why does a judge have to approve my child’s settlement?

Florida law protects children’s settlement money through court oversight because children cannot negotiate for themselves. Under Florida Statute § 744.387, settlements over $15,000 require court approval. For amounts between $15,000 and $50,000, a guardian of the property is usually appointed. For $50,000 or more, a guardian ad litem, an independent court-appointed representative who reviews the deal for fairness, is generally required. Once a lawsuit is filed, no settlement is effective at any amount without court approval. Approved funds are often held in a guardianship account or structured to pay out when your child turns 18. This process takes weeks or months, so start early. Your attorney prepares the petition, gathers medical records, the crash report, policy details, and a proposed closing statement, then guides it through the court in Miami-Dade.

What should I do in the first 24 hours, and when do I call a lawyer?

Do these things now: (1) Call 911, do not move your child unless they are in immediate danger from traffic, fire, or fluids. (2) Get medical care the same day. (3) Take photos of the scene, both vehicles, your child’s clothing, and any visible injuries before anything changes. (4) Get the police report number, it will be available to you, your insurer, and your lawyer during the 60-day confidentiality period under Florida Statute § 316.066. (5) Collect names and phone numbers of witnesses. (6) Notify your auto insurer to open a PIP claim, but do not give a recorded statement about injuries or fault until you speak to a lawyer. (7) Call a personal injury lawyer before speaking to any insurer. Remember, PIP only covers initial medical bills; under Florida Statute § 627.737(2), you can still pursue a claim against the at-fault driver for permanent injury, significant scarring, or loss of function. We handle cases in Spanish and offer free consultations.

Frequently asked questions

Do I have until my child turns 18 to file a lawsuit?
No. The two-year deadline to file runs from the date of the crash. Minority alone does not extend it, except in very limited circumstances, and even then you must sue within seven years.

The driver who hit my child had no insurance. Is the case over?
No. If your household auto policy includes uninsured motorist (UM) coverage, it may pay for your child’s injuries. UM coverage is optional but must be rejected in writing.

My child ran out into the road. Does that mean we can’t recover anything?
Not necessarily. Florida compares fault. If your child is found to be 50 percent or less at fault, you can still recover damages reduced by that percentage. Young children are often not held to adult standards of care.

Can my child’s settlement be paid directly to me as the parent?
Only for settlements of $15,000 or less. Larger amounts require court approval and are typically held in a protected account until the child turns 18.

My child’s PIP benefits ran out but they still need treatment. What happens now?
Medical bills beyond PIP limits may be covered by health insurance, Medicaid, or the at-fault driver’s bodily injury policy. Pain and suffering damages from that driver require a permanent injury, significant scarring, or permanent loss of a bodily function under Florida law.

Related reading: A car hit me while I was walking or biking in Hialeah. What are my rights? · The 14-day PIP rule in Florida: what happens if you wait to see a doctor after a Hialeah car accident · How long do I have to file an injury lawsuit in Florida? The two-year rule after HB 837 · The driver who hit me in Hialeah has no insurance. What now?

Hurt in an accident in Hialeah? Call Wolfson & Leon at 305-965-3766 for a free consultation. We speak Spanish, and there is no fee unless we win.