QUESTION

Who is responsible for all medical expenses for my 19 year old son due to car accident?

Asked on Nov 14th, 2013 on Personal Injury - Indiana
More details to this question:
He was thrown from the backseat into the windshield. He was knocked out from the impact and suffers from a 3rd degree concussion and has 46 stitches in his head. He also is having passing out spells lots of back pain in which as caused him to be on medical leave without pay. He has no idea about the insurance info for either vehicle involved in the accident. Who is responsible for all his expenses and what do we do about settling with the insurance company since he is still having so many problems. And is unable to go back to work?
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Answered on Nov 21st, 2013 at 12:18 PM
The driver and the owner of the car are responsible. As the parent your insurance may also cover some of the bills. I'd recommend hiring a lawyer on a contingent fee basis to investigate and secure reasonable compensation.

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Paul L. Whitfield
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Answered on Nov 18th, 2013 at 1:08 PM
You need a good personal injury lawyer. You did not tell me about the facts but perhaps both drivers may be liable. Get you a good lawyer now. Don't delay.

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Answered on Nov 18th, 2013 at 1:08 PM
He will need to put the medical bills on his medical insurance. If he recovers anything, his medical insurance will be entitled to get their money back. Whoever was at fault in causing the accident would ultimately be responsible for the injuries and damages. However, their insurance will not pay the bills as you go along. They will want a release and your son can't do that until he has reached maximum improvement in his condition. You may want to seriously consider getting your son to an experienced personal injury lawyer. Good luck.

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Answered on Nov 18th, 2013 at 1:07 PM
Unfortunately, it sounds as though you need the help of an attorney and possibly an investigator to uncover a source of recovery for your son.

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Arman Moheban
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Answered on Nov 18th, 2013 at 1:06 PM
One of the drivers are responsible for the accident.

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Answered on Nov 18th, 2013 at 1:06 PM
In California he has two years from the date of the accident to file suit. You may want to wait until his condition has stabilized and he is no longer missing time from work. The driver[s] who were at fault in causing the accident are responsible for his damages. If a police report was made it should list the name of the insurance company. The case is probably complicated enough that it is better to have an attorney then try to settle on your own.

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Answered on Nov 18th, 2013 at 1:06 PM
HE is responsible for his own medical expenses, but probably has a claim against which ever driver was at fault in the accident to be reimbursed for the medical expenses. If the accident was in S.C., and the police investigated the accident, he should have received an FR-10 form from the investigating officer with the names and addresses of those involved in the accident. The FR-10 also has insurance information. You son should contact the insurer for the vehicle at fault. IF you "Google" "S.C. Code of Laws", it will take you to a website that has the S.C. Code of laws online. Look up Title 38 and look for code section S.C. Code Ann. 38-77-250. This tells you how to request the policy limits so that you can know how much coverage is available. Your son should request from his insurer, or the insurer for any car owners in his household, whether there is any underinsured coverage for any cars in is household. This provides additional insurance if the at fault driver's insurance is inadequate. If there cars in his household do not have underinsured coverage, ask to see the signed waiver of underinsured coverage. In S.C. you must waive underinsured coverage in writing, or they are supposed to give you that coverage. Once you have all of the insurance information, call the insurer and tell the insurer you wish to file a claim.

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Answered on Nov 18th, 2013 at 1:05 PM
Retain counsel it cost him nothing until he settles, and on average he will receive 3 to 4 times more with then without, also make sure it is a good PI attorney not just an attorney.

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Answered on Nov 18th, 2013 at 1:05 PM
Sounds like your son was a passenger, so it is the no-fault insurance carrier for the owner of the car that pays for the medical expenses and for his loss of pay. If there was a police accident report, the insurance companies are listed. Important: your son must get in touch with the insurance company right away. He has to fill out the paperwork as best he can and get it to the insurance company immediately. There are very short deadlines for these claims and the insurance company would like nothing better than to shut him out. If he is in a state that has low no-fault limits (some states have limits that are shockingly low) there may be a possibility of invoking another insurance source. It is way too soon to talk about him settling with the insurance company. He needs to gets a lawyer.

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Answered on Nov 18th, 2013 at 1:05 PM
It sounds like your son has serious injuries and you need to contact a lawyer immediately. If there were 2 vehicles involved in the wreck, he may have at least 2 different sources of insurance to pursue.

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Answered on Nov 18th, 2013 at 1:04 PM
The at-fault driver is responsible. If you are lucky, that driver will have a large insurance policy, but most Californians drive with the minimum policy of $15,000. If the driver in whose car your son was riding was a family and household member, and was at fault, there may be a problem. There may also be a med-pay coverage on your own policy, which will pay regardless of fault. Any other insurance coverage? You or your son should get a free conference with a P.I. lawyer ASAP.

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Lisa Hurtado McDonnell
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Answered on Nov 18th, 2013 at 1:04 PM
Get a copy of the accident report it should state who was at fault and the insurance company. You can notify them of his medical bills if he still being treated its to early to talk settlement.

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Answered on Nov 18th, 2013 at 1:04 PM
This is a situation where the best advice to you would be for you to hire an attorney for your son. Sounds like he has a provable head injury that has resulted in brain damage. The symptoms can be vague, but such vagueness can result in catastrophic damage over the rest of his life. Dealing with insurance companies on your own is fraught with peril.

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Answered on Nov 18th, 2013 at 1:03 PM
Usually, the car insurance company of the driver that caused the car accident is responsible. The at-fault driver could be another driver that hit the vehicle your son was a passenger in, or, it could be the driver of the vehicle that your son was a passenger in. Contact an injury lawyer to represent your son and make sure he gets compensated fairly. I hope your son makes a full recovery.

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Answered on Nov 18th, 2013 at 1:03 PM
Get a good local personal injury attorney and he or she will figure it out. Your son would sue the driver and owner of each vehicle. Be aware that his recovery may be reduced because he did not have a seat belt on.

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Answered on Nov 18th, 2013 at 1:02 PM
In Oregon your son should get medical payments from the PIP coverage of the car he was riding in. In general that amounts to 15K in bills. If he used all of that 15K, he can also make a PIP claim medical payments from his own auto insurance or any auto insurance of a family member he lives with. Once he is medically stationary, he can also sue any at fault driver involved in the crash. That can be both the driver or the vehicle he was riding in, and/ or the third party (other vehicle) involved in the crash. There may be other parties he can make claims against as well. Because this case sounds relatively serious, I strongly recommend he retain his own injury attorney.

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Answered on Nov 18th, 2013 at 1:02 PM
Your son will need a lawyer to help him recover full compensation for his injuries. If both drivers had automobile liability insurance at the time of the accident and if both drivers were partially at fault for causing the accident, then your son probably has a claim against both insurers. If the proceeds from those insurers are inadequate to fully compensate your son, he may have to make a claim against his own automobile insurer, assuming his automobile insurance provides underinsured motorist coverage. If your son was not wearing his seatbelt, that will raise the issue of contributory negligence. Thus, I think your son will be best served by hiring a lawyer to be sure he gets what he deserves for the injuries he suffered.

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Answered on Nov 18th, 2013 at 1:02 PM
These are serious injuries with potential long term effects. You need to hire an attorney who can investigate and determine who may be responsible. His driver's insurer should cover medical expenses up to the limit set forth for medical payments in the policy. Your medical insurance should cover also. It is rare that a passenger can file a suit directly against his own driver due to what is known as the "Guest Statute". He may be able to sue the driver and owner of the vehicle that struck his. Depending on all of the circumstances, there may be other potential defendants. For example, if there were negligent repairs that contributed to the accident, or road defects.

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