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Is there a way to get those unpaid medical bills that incurred from the accident paid for?

Patterson, CA |

My daughter (a minor) was a passenger in a vehicle that was involved in a car accident in March. She was flown in by helicopter that costs $5,xxx. Medical bill is $55,xxx. She was injured (lung bruising, hip and abdomen pain, hit her head). She was released from hospital hours later. She now has frequent headaches and shortness of breath.

The vehicle my child was in doesn't have medical payments as part of their insurance. How do I get that paid for? Am I responsible for it? My daughter has health insurance but it's medi-cal. I'm not sure if it will be covered. Why are they asking to see if it's a lien? What will happen?

The driver of the vehicle my daughter was in was at fault. The driver was driving her boyfriend's car. The vehicle has only liability coverage. The driver was said to have her own insurance, too. Do I go after the owner of the vehicle and the driver?

Attorney Answers 8

  1. You should hire a lawyer to over all the rights that your daughter has. I've seen cases like this before and its possible to have the medical bills eliminated or paid for by the at fault party. We all provide free consultations.

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  2. You need to immediately consult with an experienced CA personal injury attorney to help you navigate all of the coverage issues and make sure that she maximizes her recovery.

    In seeking an attorney on this site, beware of limiting your search to attorneys with a 10 rating, and carefully read the AVVO disclaimer regarding their rating system. There are certain factors that are given great weight which do not necessarily have any bearing on an attorney's experience, abilities, and results with certain types of cases. Accordingly, the rating numbers can be misleading. Also beware of basing your choice on the fee charged, as a low fee, depending on the skill, experience and determination of the specific attorney handling your case, could actually have an inverse relationship to the amount actually put in your pocket.

  3. You should open a claim with the insurance company for the liable party. If Medi-Cal paid any of the medical bills, the agency will have a lien on the claim. You should contact a personal injury lawyer to discuss your options.

  4. You should speak with an experienced personal injury attorney in your area. You did not discuss liability, but with your daughter being a passenger, she would likely have a claim either against the the driver of the car she was in or a 3rd party. A person injury attorney would be able to guide you through the process, answer your questions, and ensure your daughter's claim is maximized.

  5. She needs a free consult with an injury lawyer. If the 3d party was responsible for the crash, then a claim can be filed with his/her ins co. If the driver of the car in which she was a passenger is at fault, his ins will have to respond to the claim. If your daughter lives with you, and you have auto ins with med pay or um coverage., it could come into play. Medi-cal should cover her bills. The providers need to bill medi-cal. Don't tell the providers about any insurance or claims your daughter will be making. Medi -cal will have a lien for reimbursement, but it will be much less than what the providers charged for services.

  6. There likely is one or more policies to which to recover, so have a local Paterson personal injury lawyer investigate.

  7. This is a very serious case. You need a lawyer who can investigate the insurance angle for your daughter immediately.

  8. I'm so sorry that this happened to your daughter and I must advise you to seek out one of us attorneys here on AVVO who is licensed to practice in California. There is typically no charge for a consultation and most attorneys also work on a contingency fee so there is no payment unless they obtain a settlement for you. It's best to speak one on one with an attorney and give them all the facts related to your case and they will give you a valid answer about what steps to take.

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