Can my grandchild also have a claim if they were in the car during the hit-and-run? – North Carolina

Short Answer

Yes. In North Carolina, each person who was physically injured in a hit-and-run can have a separate bodily-injury claim, including a grandchild who was a passenger. Because a grandchild is usually a minor, an adult must bring the claim on the child’s behalf, and any settlement typically requires court approval. The key issues are whether the grandchild had injuries caused by the crash and what insurance coverage applies when the at-fault driver is unknown.

Understanding the Problem

In North Carolina, can a grandchild who was a passenger in a vehicle involved in a hit-and-run crash also bring a claim for injuries from that crash, even when the caller was not in the vehicle and the at-fault driver may be unknown? The decision point is whether the grandchild suffered crash-related injuries (even if they seemed minor at first) that support a separate injury claim, which is usually pursued through auto insurance when the driver cannot be identified.

Apply the Law

North Carolina generally treats a car-crash injury claim as belonging to the person who was injured. So a child passenger can have a claim for medical bills, pain and suffering, and other legally recognized damages tied to the crash. When the crash is a hit-and-run, the claim often turns into an uninsured-motorist (UM) claim through an applicable auto policy (for example, the policy covering the vehicle the child was riding in, and sometimes other household policies). Because minors cannot settle claims on their own, a parent/guardian (or another court-appointed representative) must handle the claim and, in many cases, obtain court approval to finalize any settlement.

Key Requirements

Crash-related injury: The grandchild must have an injury (physical symptoms, diagnosis, treatment, or documented complaints) that a medical provider can connect to the crash.
Legal responsibility of another driver: The evidence must show another driver caused the crash (even if that driver fled and is not identified).
Proper representation for a minor: Because the injured person is a minor, an adult must pursue the claim on the child’s behalf, and settlement funds must be handled in a way the court accepts for a child.

What the Statutes Say

N.C. Gen. Stat. § 20-166 (Duty to stop in event of a crash) – Requires drivers involved in certain crashes to stop and provide information/assistance; a hit-and-run violates these duties and often triggers UM insurance issues.
N.C. Gen. Stat. § 1-17 (Disabilities; minority tolling) – Extends certain filing deadlines for minors in many civil cases, though insurance notice and claim requirements can still create practical time pressure.

Analysis

Apply the Rule to the Facts: The facts describe a hit-and-run motor-vehicle crash with a police report and that a child and grandchild were in the vehicle. If the grandchild received ER care, follow-up treatment, or had documented symptoms after the crash, that supports the first requirement (crash-related injury). Because the at-fault driver fled, the second requirement (another driver’s responsibility) is usually proven through the police report, witness statements, vehicle damage patterns, and medical records, and the claim often proceeds through uninsured-motorist coverage rather than directly against the driver.

Process & Timing

Who files: A parent/guardian (or another adult authorized to act for the child) pursues the grandchild’s injury claim. Where: Typically through the auto insurer(s) that may provide coverage (often the insurer for the vehicle the grandchild occupied; sometimes additional policies may apply). What: Police report, medical records/bills, proof of residency/household relationships if needed for coverage, and documentation of symptoms and missed school/activities. When: As soon as possible after the crash, because insurance policies often require prompt notice even when the at-fault driver is unknown.
Investigation and coverage review: The insurer evaluates whether the claim is treated as an uninsured-motorist claim and may request recorded statements, medical authorizations, and proof of the hit-and-run circumstances.
Settlement and minor approval: If the insurer offers a settlement, the parties usually must complete a minor-settlement process before the money can be paid and released. The court may require specific paperwork and a protected way to hold the funds for the child.

Exceptions & Pitfalls

“No injury” documentation gap: If the grandchild did not get checked out or symptoms were not documented, insurers often argue the child was not hurt or that later complaints are unrelated. Early medical documentation matters.
Coverage confusion in hit-and-run cases: When the driver is unknown, the claim often depends on uninsured-motorist coverage and the specific policy terms. Missing a policy notice requirement can create avoidable disputes.
Mixing injuries from different events: The facts mention a separate workplace accident involving the child. Keeping the crash injuries separated from later, unrelated injuries helps avoid arguments that the hit-and-run did not cause the ongoing problems.
Minor settlement handling: A child’s claim cannot usually be “signed away” informally. Skipping the proper approval process can delay payment or create problems later.

Conclusion

Yes—under North Carolina law, a grandchild who was in the vehicle can have a separate injury claim if the grandchild was hurt in the hit-and-run. The key is proving crash-related injury and identifying the correct insurance coverage (often uninsured-motorist coverage when the driver is unknown). Even when lawsuit deadlines may be extended for minors, the practical next step is to open the claim promptly by reporting the crash to the applicable auto insurer and gathering the police report and medical records.

Talk to a Wrongful Death Attorney

If a hit-and-run crash injured a child passenger and there are questions about how to pursue a claim through insurance and how a minor settlement must be handled, our firm has experienced attorneys who can help explain options and timelines. Call us today at [919-341-7055].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.