While in a friends car her boyfriend accidentally backed up over my girlfriends foot. he offered her a visit to his podiatrist, "at 1 am", or the next day, though he refused to pay the copay. he refused to pay the copay for an urgent care or emergency room visit as well. at the time the injury didnt look too bad, she was walking on it, but so was i after i broke my ankle as well at a separate time. the next day it began to swell and bruise profusely. when asked for insurance information the driver refused to exhibit the information saying, "it doesnt cover those kind of accidents", they're, the boyfriend and the girlfriend, are refusing to compensate in any way for the injury, not so much as an apology. any suggestions?
The driver is dead wrong - car insurance is there to cover precisely these sorts of things. I fear he might be trying to hide the fact that they don't have insurance on the car, but that doesn't mean your girlfriend has no remedies - she might be able to make a claim on her own insurance.
These are complicated situations, so the best thing you can do is consult with a local personal injury lawyer. A claim can be filed within two years of the accident. In the meantime, since your girlfriend has health insurance she should use it. It should cover physical therapy if prescribed by a doctor.
If the driver was negligent, you should file a claim with his automobile insurance carrier. If the act was intentional, there are normally exclusions in the insurance policy for intentional acts. Either way, the injured party should receive prompt medical care and treatment for her injuries. You should also contact a personal injury lawyer for consultation and advice,
The initiating post here... while showing a web of relationships and disingenuous offers to settle really describes a basic auto versus pedestrian situation... a car being driven by someone ran over the foot of a pedestrian... if the driver is at fault, then his or her insurance (and maybe the car owner's insurance) will cover the situation... so... as with any auto accident... dance the two step... step one... get medical care from a PHYSICIAN... step two... seek legal counsel from a personal injury lawyer. The lawyer will get all the information needed... and even discuss filing a police report if appropriate.
Fortunately, most of us personal injury types offer free consultations and take such cases on contingency no matter where the case is in California, so there is nothing to fear in calling us.
Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician
she should make a claim to both the car owner's and the boyfriend's insurance policy - the auto policy will cover an incident of running over someone's foot. if they refuse to cooperate in providing the information she can file both a "counter" police report (done at the counter) and file a DMV Sr-1 form which will allow her to subsequently request the insurance information from the DMV. And of course she can hire a personal injury attorney.
It sounds like your girl friend has already sought medical care. If she does have the money or insurance, she should not let that stop her from seeking medical attention. I hate to add to the problem, but if she has not medical attention she can go to Community Regional Medical Center (formerly Fresno Community) at the ER department and they will see her regardless of her insurance or financial status.
If your girl friend tells the billing people at Community Regional Medical Center that her injuries were from a car collision, they will give you a yellow form to fill out so they can bill, or at least lien the responsible driver's insurance. That will get her the initial treatment to start the process.
After that the staff at Community Regional Medical Center should give your girl friend a referral to University Orthopedic Associates, next to the hospital. The doctors there will probably give her follow up care irrespective of her financial means.
If the driver or owner of the vehicle have automobile insurance, and you can get a local attorney to handle her case, your girl friend can probably get a physical therapist in the area to agree to provide treatment to her on a lien basis - meaning it will be paid for when her case resolves.
But first get her medical attention, then hire a local attorney to help handle her case.
Yes. Contact a personal injury attorney in your area. The insurance on the car will absolutely cover the injury if it was as a result of the fault of the driver and he had permission to drive the car. If your girlfriend has a car with insurance, or anybody in her family does, that is another way to cover her medical expenses. Consult an experienced attorney to a devise you on this. AVVO has a search tool to locate an attorney in your area.
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