Car accident rights

I am sorry to hear your children were injured, but it sounds as if they are going to be ok; I hope that's the case. I will do my best to answer each of your questions in the order they were posed. I am not surprised to hear that the insurance company "does not want to pay" the medical bills. This is typical. Remember, despite the commercials they run on TV and elsewhere, insurance companies are in business to make money, not to pay claims. That said, the reluctance to pay claims does not necessarily mean that there is not a legal obligation to pay such claims. If you have medical payments coverage on any automobile insurance policies in your household, that coverage may apply, even if your children were not in a vehicle that had a policy that included med pay coverage. Also, you should determine if the girlfriend's car had med pay as that coverage also would apply. When the insurer tells you the coverage has "run out," they likely are telling you that the limits of their coverage have been exhausted. That is why you need to look to all potential policies for coverage so you can maximize the coverage available to you. You next should turn to your health insurance company. Here again, I suspect you will be discouraged by the company as they habitually deny or discourage the filing of valid claims. You need to be persistent. If you have incurred medical bills that are not paid, this can affect your credit score. You should, however, not be afraid to negotiate with a hospital or doctor just as you would any other creditor. If, in fact, there are bills for which there is no available insurance coverage, the hospitals and doctors should be willing to reduce the amounts owed, especially if partial payment has been made. As for compensation for pain and suffering and other legal items of damages, this will depend upon the particular laws in Arizona. Some states have what is called Intra-family immunity which bars claims by family members against other family members. I am not familiar with the laws in Arizona, so I cannot weigh in on this for you, but instead, would strongly encourage you to consult with a trial lawyer in your area who can properly advise you on this and other questions you have. Finally, don't let the fact that the girlfriend got a new car bother you too much. I suspect she had property damage coverage on her automobile insurance policy and collected from that coverage to get a new vehicle. The property damage coverage is separate from other coverages provided and one does not have any impact on the other. Thus, it is not as if the insurance company chose to pay for a new car instead of for your children's medical bills. Rather, they simply paid the amounts they were obligated to pay -- assuming they have exhausted all relevant coverages for medical bills -- under each coverage. I hope this has helped you better understand what is happening. Again, I suspect -- and sincerely hope -- that your children are ok, and that, of course, is most important. Lastly, consult with a local lawyer to get the specifics you need.

Best regards,

Richard Kopelman