accident

My sister lost her job about 8 weeks ago, along with her health insurance. Her and my mom were in a car accident (no one else involved) and the hospital bills have already stacked up so far to $9,000. Because she lives with my parents, the car insurance will only pay up to $5,000. I was wondering, since my sister, of course, isn't going to sue my mom, who is responsible for the balance of the medical bills? My parents just bought a brand new house and the lawyer for the hospital is saying the 'she' is responsible and they will put a lien on the new house. Can they do that or is my sister resposible even though she does't have insurance? ~Thanks Jennifer, Ohio
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Mark Roland Baran

Mark Roland Baran

Contributor Level 5
Jennifer,

If your mom was responsible for the car accident (I cannot tell based on the facts), her insurance should cover the injuries and medical bills for your sister. Your sister may not need to "sue" your mom. We pay insurance premiums for this very reason - if we cause an accident and someone is hurt, we should expect the insurance company to act in good faith and pay the damages. I would expect this to be particularly true if it is a family member.

Your sister and your mom should contact an experienced personal injury attorney to review the auto insurance policy and discuss the facts of the accident and find out whether there is additional insuance coverage for your sisters' injuries. It sounds as though the $5,000 paid may be what is knows as "medpay" coverage which is paid regardless. However, if that is the case, that may be need to be paid back if there is other insurance paid.

With respect to the hospital attorney, this also may be something that an experienced personal injury attorney can assist your parents with if there is automobile insurance coverage. It may be that your mom is actually talking with a bill collector. They can be agressive and pushy in an effort to get bills paid. Keep in mind that the answers to your questions depend on many variables which cannot be answered unless and until your mom or your sister contacts an experienced personal injury attorney and discusses ALL facts. You should have a complete copy of the policy available. If you don't have it, it can be secured with the assistance of an attorney.
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