My daughtr went to a daycare 5 or 6 years ago. @ the time she was about 3 or 4 years. The daycare combined the classes & age groups even if it was dangerous & inappropriate to do so. 1 day i got a call at work from the daycare mgr. She told me that my daughter was injured & that she had been in the class w/ the older (Grades 1st thru 5th ish) kids, & another child had got upset & pushd my daughter down. That she had as a result smackd her head on a chair & then their concrete floor . She said, 'but I don't think its anything serious enough to worry about.' I decidd to take her to hospital anyways. hospital gave her a CT scan. I assumed they would bill our ins. They didn't. I have recently been made aware its in a collection acct undr my name. Can I hold the daycare responsible 4 the bill?
Worth mentioning: My daughter was a child that was super small for her age.. if she was 3 years she looked 2 years etc.. Also at the time the hospital diagnosed my daughter w/ a concussion. Additionally I assumed ins would cover the bill not realizing the hospital would send me to collections for the bill instead.. I was surprised to find about a collection in my name for this account recently.. Is it too late to hold them accountable for this bill?
Child Custody Lawyer
You are the one that sought care. The responsibility for the bill is yours. It is unlikely that your own insurance would cover it if it was not submitted within 1 year. Statute of limitations is 6 years. If you have not made a payment in 6 years - they cannot collect unless you make a payment.
The daycare might have some liability with respect to a tort. ie.. negligence. THe statute of limitations for that is 3 years - however, it is tolled for a minor ie... a kid. Contact a local personal injury attorney. Also, post in personal injury section.
3 lawyers agree
Yes, based on the facts that you set forth it is highly unlikely that you would still be able to go after the daycare to pay this bill. You have waited too long before pursuing any kind of negligence claim against them.
Once six years passes from the date you last made a payment to the hospital, or the date services were rendered, whichever date is latest, then they cannot sue you for the debt. This does not mean they can't continue to contact you about paying it, but it does mean they would not be able to use the legal process for things like garnishments.
You did get the services however; if you have the ability then you should contact them about payment arrangements. If you are not able, and you fear they will sue you before six years passes, then consult with a bankruptcy attorney.
Best of luck,
Tim L. Eblen