My 5 year old was playing at a neighbors house with their 5 year old when their 2 dogs started fighting ( a pit bull and a golden retriever). My daughter got caught in the middle of the fight and the pit bull stepped on the right side of my daughters face and bit her chin. The family cleaned her up and brought her home like nothing happened but a scratch. Once I noticed how bad it was I took her in and she got 3 stitches on her chin and one on her lip. The hospital informed us that our insurance wont cover it that the home owner has to. Now the hospital is calling us because they haven't heard from them. Not to mention, my daughter is suddenly afraid of large dogs and the doctor said that she will scar because dog bites are most likely to scar. What can we do for this?
That's not true. The hospital needs to submit the bills to your health insurance company. It's up to them whether to pay, but they often will. The hospital often gives that "advice," but they can certainly still bill the health insurer.
It's true that med pay coverage through the neighbors' homeowners policy would be primary, but there's no way to even know if they have med pay coverage. It's absolutely false that third-party coverage (other than the med pay) is primary over health insurance.
You have the right to make a claim against your neighbors' homeowners coverage. I would contact an attorney to discuss.
Sorry to hear about your daughter.
TSR Injury Law
Under Minnesota law the dogs' owner is fully liable for any injuries/damages sustained by your daughter. Hopefully they have homeowner's insurance that will cover them. Otherwise they will likely have to pay personally. You should contact an experienced personal injury attorney right away for a more complete evaluation.
Tel. 651-260-6447 or 651-633-9367
Sorry to hear about your daughter's injuries. It is very important that you meet with a local dog bite attorney as soon as possible. Physical injuries may be obvious but I have found in representing young dog bite victims that the emotional and psychological damage may be more extensive. www.schaferlawfirm.com
Sorry to hear about your daughter. The hospital should submit the bills to your health insurance and you health insurance should pay the bills. In turn they can get paid back if and when you get money from the homeowners. You should contact an attorney and have your case evaluated further.
Very sorry to hear about your daughter. Dog bites can leave nasty, permanent scars. There are two homeowner insurance coverages that apply: medical payment coverage and liability coverage. First, the med pay, it is a no fault coverage, so it must pay if the injury occurred on the insured's premises. As for the additional damages (med bills and disfigurement) , the liability coverage will apply. If she was in a place where she had a right to be and did not provoke the dog, there is strict liability; they'll have to pay. How much is the question. The health insurer has a coordination of benefits provision that puts liability and med pay in first priority. If the company says in writing it won't pay, your health carrier must pay. Your daughter should have a lawyer (actually you on her behalf). She has no fault here and should make a recovery.
As usual, lawyers are not found in the billing offices of hospitals and they routinely give bad legal advice, such as that your insurance will not pay and that you must look to the homeowner. Have the bills submitted to whatever insurance carrier you have for your child and demand that they pay the bills. This carrier may ultimately have a lien claim against any recovery made by you, however, that does not remove them from the obligation of paying the bills now. It is a bad practice to take legal advice from billing offices and doctors etc.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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