It's going to be very fact dependent. What your daughters say he said versus what he told the police will be critical. The sooner a full investigation is completed by an attorney and a investigator the better. The more time that goes by the more difficult it can be to put all of the right pieces together.
It's a tough question to answer because it's very fact dependent. If there was something about how it was parked that made it difficult to see, that could effect who is at fault. Has a claim been made through your insurance?
Sometimes a business will have medical pay coverage that will pay for the deductibles and co-pays from your insurance. There is no requirement that the business have this type of coverage. Only their insurance company will know.
You may have a personal injury claim- it depends on the language of the waiver and other facts around how your daughter was injured and what the rock gym knew.
If the defendant's policy is from Oregon, then the minimum policy limits are $25,000. Additionally, you have have an under-insured motorist claim through your own insurance, the car you were in or possibly family members that you live with that have automobile insurance. Under-insured claims can be challenging. It would be in your best interest to talk to an attorney to make sure you are covering all of your options. Additionally, any medical bills paid by Medicare will have to be reimbursed...
Because the rental contract was no doubt signed in Washington and it may have a provision that says any disputes will be resolved in a certain county, you will probably have to file small claims in Washington. You should read over the entire rental agreement before filing a law suit to see what it says about disagreements.
What's most important is getting medical treatment You own car insurance is required by law to pay each of your me fiscal bills for one year or $15,000 of care, whichever is first.
There is no need to wait for any information before contacting your insurance company. There really is no need to contact the defendant- that will all be taken care of in the process.
It sounds like it would be helpful to have an attorney help you with the process so everything is taken care of for you and you...
I would strongly recommend that you not settle. It is far too risky to settle for money now when you do not know the true extent of your injuries from a medical bill and wage loss standpoint. You need to file your claim as soon as possible to protect your rights. You need to continue getting medical treatment as well.
Geico is required by law to pay all of your medical bills within the first year or up to $15,000. You can bring a claim against them and collect attorney fees. Generally money that is paid by PIP does not come out of the policy limits of the defendant. You should talk to an attorney so they can better advise you on a potential claim against Geico.