The Shoulder
The Shoulder
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Driver plowed into our yard where my nephew was riding his go-kart — we're shaken up bad

Still can't believe this actually happened. We were having a normal Saturday afternoon cookout in the backyard when a sedan came off the road and straight through our fence. My nephew (he's 12) was on his go-kart doing laps around the yard like he always does.

The car hit close enough that the impact knocked my nephew sideways off the kart. He tumbled maybe a few feet across the grass. My heart just stopped. Everybody was screaming.

Thankfully — and I mean thankfully — he walked away with road rash on his arms and a bruised hip. Could have been so, so much worse. My sister-in-law is a mess emotionally even though physically she's okay.

The driver was someone a lot of people around here apparently recognize — runs some kind of local business nearby. When the cops got there he seemed really out of it. We don't know yet if it was medical, exhaustion, or something else. Toxicology is pending I guess.

So now we're dealing with:

  • Destroyed fence and part of our landscaping
  • My nephew has a follow-up with an orthopedic next week because his hip is still sore
  • My sister-in-law hasn't slept since it happened
  • The driver's insurance has already called us twice

I don't really know what we're supposed to do here. Do we talk to their insurance? Get our own lawyer? I feel like we're already behind because we didn't know to document everything immediately. Any advice from people who've been through something like this would mean a lot right now.

13replies

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13 replies

  • 11
    patient-grouse-253

    Please do not give that insurance adjuster a recorded statement. I can't stress this enough. They called you twice already — that's not because they're being helpful, that's because they want to lock you into a version of events before you fully understand what happened or how hurt your nephew actually is. Soft tissue and joint injuries can take weeks to fully show up. Don't settle anything until all his medical care is done.

    • 2
      curious-passenger718

      Solid advice. Getting it in writing is the part most people skip.

  • 6
    tidy-fox-051

    Something similar happened to us — car jumped a curb near our driveway and hit my dad's motorcycle while he was standing next to it. The 'friendly' calls from their insurance started almost immediately. We made the mistake of being too open on the first call and it came back to bite us later in the process. You're not obligated to talk to them at all right now.

    • 20
      genuine-stoat-950

      Keep a close eye on your nephew even if he seems okay. Hip bruising in kids can sometimes mask deeper soft tissue or growth plate issues that don't show up on initial X-rays. Make sure whoever he sees next week knows the full story of how he landed, not just that he 'fell.' That context matters a lot for the exam. Also watch for any changes in his mood or sleep — traumatic events like this can affect kids in ways they don't always talk about.

    • 7
      soft-spoken-late-shift133

      Thank you both, this gave me the push I needed to make the call.

  • 17
    quiet-newt-561

    A few practical things worth doing right now if you haven't already: photograph all property damage before anything gets repaired, get a copy of the police report as soon as it's available (usually a few business days), and save every medical receipt and appointment note going forward. If toxicology comes back showing impairment, that changes the legal picture significantly — so don't rush to resolve anything while that's still pending.

    • 10
      kind-wanderer301

      Wish I had seen this a month ago — would have saved me a lot of stress.

  • 8
    silent-heron-546

    I just want to say I'm so relieved your nephew is physically okay. Reading this gave me chills. You're doing the right thing by asking questions instead of just letting the insurance company steer everything. Take care of your family first and don't let anyone pressure you into quick decisions.

    • 4
      quiet-rider156

      Same boat here. Did anyone mention a deadline to watch out for?

  • 11
    hearty-otter-456

    I used to work on the insurance side of these claims. Those early calls are absolutely a strategy — when they reach out fast, they're hoping to establish goodwill and get you talking before you've had time to think. If the toxicology comes back positive or even inconclusive, the liability calculation changes dramatically and they know it. Don't assume the first offer (if one comes) reflects what the claim is actually worth. It almost never does.

    • 5
      weary-wanderer921

      That lines up with what my adjuster told me too.

  • 12
    warm-swan-160

    Not legal advice, but — a vehicle leaving the roadway and striking a person in their own yard is a pretty clear-cut liability situation in most places. The fact that your nephew is still having symptoms and has a follow-up appointment means his treatment isn't finished, and you generally don't want to settle any injury claim until you know the full picture medically. Many PI attorneys do free consultations, so it might be worth at least having a conversation with one before you say anything more to the other driver's insurer.

  • 8
    silent-lynx-058

    Stop answering the insurance company's calls. Full stop. You're not required to, and every word you say is being used to minimize your payout. Get the police report, document everything with photos and written notes while it's fresh, and let a lawyer talk to them instead. You can figure out representation later — right now just stop engaging with their adjuster.