Can Child Injured In Car Accident Use Other Parent’s Auto Insurance?


If an under-age child is injured in a car accident, he or she can get compensation through their parents’ auto insurance policy. But what if the child’s parents don’t live together and have joint custody?  This is a very common situation in Minnesota. Our lawyer have represented many children where the parents are divorced or were never married. Fortunately, the answer is favorable for the child. If a child’s parents live in separate homes, Minnesota law says the child can get car insurance benefits from either parents’ policy. The only requirement is that the child must “live” at both homes.

For example, if a child is injured while a passenger in a friend’s car, No Fault Benefits (initial medical bills) can be paid by either parents’ auto insurance policy. No-Fault auto insurance will pay for the child’s first $20,000 in medical bills at least. If the child had a part-time job, No-Fault insurance will also reimburse lost wages.

Child Injured Car Accident Parent's Insurance
Child Injured Car Accident Parent’s Insurance

What if the child is injured in a car accident in one of the parent’s car? The same rule applies and the child can get some auto insurance benefits from either parents’, or possibly both parents,’ auto policies. The child can get insurance compensation even if the parent driving was at fault. It seems weird to “sue” the parent, but it is allowed so that the child can be compensated. Medical bills must be paid, and there may be future needs.


Car accident insurance issues can be complicated in a situation where a child lives part-time with each parent. However, our lawyers have dealt with this many times. We can help you work through these issues. If your child has been injured in a car accident in MN, call us for a free consultation.  An experienced attorney will discuss your specific situation with you.  We can explain your rights and make sure your child’s interests are protected. We have offices to meet throughout the Twin Cities. Our lawyers also make house calls to people’s homes throughout Minnesota.