Who is responsible for all medical expenses for my 19 year old son due to car accident? 25 Answers as of November 21, 2013

He was thrown from the backseat into the windshield. He was knocked out from the impact and suffers from a 3rd degree concussion and has 46 stitches in his head. He also is having passing out spells lots of back pain in which as caused him to be on medical leave without pay. He has no idea about the insurance info for either vehicle involved in the accident. Who is responsible for all his expenses and what do we do about settling with the insurance company since he is still having so many problems. And is unable to go back to work?

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Lombardi Law Firm
Lombardi Law Firm | Steve Lombardi
The driver and the owner of the car are responsible. As the parent your insurance may also cover some of the bills. I'd recommend hiring a lawyer on a contingent fee basis to investigate and secure reasonable compensation.
Answer Applies to: Iowa
Replied: 11/21/2013
Pete Leehey Law Firm, P.C.
Pete Leehey Law Firm, P.C. | Pete Leehey
It would be a mistake to try and deal with the insurance company without the assistance of an experienced lawyer. The insurance adjuster deals with injury claims all day long every day. Most people are at a severe disadvantage in this situation.
Answer Applies to: Iowa
Replied: 11/21/2013
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
He will need to put the medical bills on his medical insurance. If he recovers anything, his medical insurance will be entitled to get their money back. Whoever was at fault in causing the accident would ultimately be responsible for the injuries and damages. However, their insurance will not pay the bills as you go along. They will want a release and your son can't do that until he has reached maximum improvement in his condition. You may want to seriously consider getting your son to an experienced personal injury lawyer. Good luck.
Answer Applies to: Alabama
Replied: 11/18/2013
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
You need a good personal injury lawyer. You did not tell me about the facts but perhaps both drivers may be liable. Get you a good lawyer now. Don't delay.
Answer Applies to: North Carolina
Replied: 11/18/2013
Candiano Law Office
Candiano Law Office | Charles J. Candiano
Get a copy of the police report. Both insurance companies should be on there. If YOUR auto insurance limits are greater than either of the drivers' policies, you can ALSO make a claim against YOUR policy. Unless all 3 insurance companies offer the full policy limits, contact an experienced personal injury attorney ASAP.
Answer Applies to: Illinois
Replied: 11/18/2013
    E. Ray Critchett, LLC
    E. Ray Critchett, LLC | Ray Critchett
    Unfortunately, it sounds as though you need the help of an attorney and possibly an investigator to uncover a source of recovery for your son.
    Answer Applies to: Ohio
    Replied: 11/18/2013
    A. Dawn Hayes & Assoc. P.A.
    A. Dawn Hayes & Assoc. P.A. | A. Dawn Hayes
    You should be able to obtain the insurance information from the police accident report. Call both companies and put them on notice of your son's claim. Ask them for the coverage policy limits for liability insurance. That will tell you how much insurance coverage each party has. From your description of the accident, it does not sound like your son was wearing a seat belt. That could be a factor regarding liability. I would recommend that you at least consult with an attorney, most attorneys take auto accident cases on a contingency basis, which means that the attorney does not get paid until the case settles or wins at trial.
    Answer Applies to: Florida
    Replied: 11/18/2013
    LAW OFFICES OF ARMAN MOHEBAN | ARMAN MOHEBAN
    One of the drivers are responsible for the accident.
    Answer Applies to: California
    Replied: 11/18/2013
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    HE is responsible for his own medical expenses, but probably has a claim against which ever driver was at fault in the accident to be reimbursed for the medical expenses. If the accident was in S.C., and the police investigated the accident, he should have received an FR-10 form from the investigating officer with the names and addresses of those involved in the accident. The FR-10 also has insurance information. You son should contact the insurer for the vehicle at fault. IF you "Google" "S.C. Code of Laws", it will take you to a website that has the S.C. Code of laws online. Look up Title 38 and look for code section S.C. Code Ann. 38-77-250. This tells you how to request the policy limits so that you can know how much coverage is available. Your son should request from his insurer, or the insurer for any car owners in his household, whether there is any underinsured coverage for any cars in is household. This provides additional insurance if the at fault driver's insurance is inadequate. If there cars in his household do not have underinsured coverage, ask to see the signed waiver of underinsured coverage. In S.C. you must waive underinsured coverage in writing, or they are supposed to give you that coverage. Once you have all of the insurance information, call the insurer and tell the insurer you wish to file a claim.
    Answer Applies to: South Carolina
    Replied: 11/18/2013
    Law Offices of George H. Shers | George H. Shers
    In California he has two years from the date of the accident to file suit. You may want to wait until his condition has stabilized and he is no longer missing time from work. The driver[s] who were at fault in causing the accident are responsible for his damages. If a police report was made it should list the name of the insurance company. The case is probably complicated enough that it is better to have an attorney then try to settle on your own.
    Answer Applies to: California
    Replied: 11/18/2013
    John Russo | John Russo
    Retain counsel it cost him nothing until he settles, and on average he will receive 3 to 4 times more with then without, also make sure it is a good PI attorney not just an attorney.
    Answer Applies to: Rhode Island
    Replied: 11/18/2013
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    Sounds like your son was a passenger, so it is the no-fault insurance carrier for the owner of the car that pays for the medical expenses and for his loss of pay. If there was a police accident report, the insurance companies are listed. Important: your son must get in touch with the insurance company right away. He has to fill out the paperwork as best he can and get it to the insurance company immediately. There are very short deadlines for these claims and the insurance company would like nothing better than to shut him out. If he is in a state that has low no-fault limits (some states have limits that are shockingly low) there may be a possibility of invoking another insurance source. It is way too soon to talk about him settling with the insurance company. He needs to gets a lawyer.
    Answer Applies to: New York
    Replied: 11/18/2013
    Kenneth A. Parker, P.C.
    Kenneth A. Parker, P.C. | Ken Parker
    It sounds like your son has serious injuries and you need to contact a lawyer immediately. If there were 2 vehicles involved in the wreck, he may have at least 2 different sources of insurance to pursue.
    Answer Applies to: Georgia
    Replied: 11/18/2013
    Wayne J. Wimer, Inc. P.S.
    Wayne J. Wimer, Inc. P.S. | Wayne J. Wimer
    This is a situation where the best advice to you would be for you to hire an attorney for your son. Sounds like he has a provable head injury that has resulted in brain damage. The symptoms can be vague, but such vagueness can result in catastrophic damage over the rest of his life. Dealing with insurance companies on your own is fraught with peril.
    Answer Applies to: Washington
    Replied: 11/18/2013
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    The at-fault driver is responsible. If you are lucky, that driver will have a large insurance policy, but most Californians drive with the minimum policy of $15,000. If the driver in whose car your son was riding was a family and household member, and was at fault, there may be a problem. There may also be a med-pay coverage on your own policy, which will pay regardless of fault. Any other insurance coverage? You or your son should get a free conference with a P.I. lawyer ASAP.
    Answer Applies to: California
    Replied: 11/18/2013
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    First of all as far as insurance issue, the car he was in pays the medical bills under no fault provisions of insurance law. You then sue for pain and suffering. You should contact an attorney as soon as possible because of certain time issues.
    Answer Applies to: New York
    Replied: 11/18/2013
    Law Office of Lisa Hurtado McDonnell | Lisa Hurtado McDonnell
    Get a copy of the accident report it should state who was at fault and the insurance company. You can notify them of his medical bills if he still being treated its to early to talk settlement.
    Answer Applies to: Utah
    Replied: 11/18/2013
    Utah Injury Lawyer
    Utah Injury Lawyer | Will Rodgers
    Usually, the car insurance company of the driver that caused the car accident is responsible. The at-fault driver could be another driver that hit the vehicle your son was a passenger in, or, it could be the driver of the vehicle that your son was a passenger in. Contact an injury lawyer to represent your son and make sure he gets compensated fairly. I hope your son makes a full recovery.
    Answer Applies to: Utah
    Replied: 11/18/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Get a good local personal injury attorney and he or she will figure it out. Your son would sue the driver and owner of each vehicle. Be aware that his recovery may be reduced because he did not have a seat belt on.
    Answer Applies to: Idaho
    Replied: 11/18/2013
    David P. Slater, esq.
    David P. Slater, esq. | David P. Slater
    The host vehicle should have medical insurance. All vehicles may be responsible for his pain and suffering. You can call me to discuss further.
    Answer Applies to: Florida
    Replied: 11/18/2013
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    You should hire a lawyer to properly build a good case for your son. The owner and driver of the car that cause the accident will be responsible and their insurance will pay. There wont be any partial payments. All of the expenses are paid at the final settlement. There are many factors that go into the proper and fair value for a case.
    Answer Applies to: Connecticut
    Replied: 11/18/2013
    Lloyd H. Thomas III P.C. | Lloyd H. Thomas III
    You son or his attorney will have will have to obtain a police report to see who insured the vehicles and to start to investigate who would be liable to your son for his injuries and damages. He can ask the owner/driver of the car he was in for their insurance information. It sounds like he was very seriously injured and I would certainly recommend that he contact a personal injury attorney before making any statements to any insurance company or attempting to settle any of his claims. He may be entitled to more than just having his medical bills covered.
    Answer Applies to: Georgia
    Replied: 11/18/2013
    End, Hierseman & Crain, LLC | J. Michael End
    Your son will need a lawyer to help him recover full compensation for his injuries. If both drivers had automobile liability insurance at the time of the accident and if both drivers were partially at fault for causing the accident, then your son probably has a claim against both insurers. If the proceeds from those insurers are inadequate to fully compensate your son, he may have to make a claim against his own automobile insurer, assuming his automobile insurance provides underinsured motorist coverage. If your son was not wearing his seatbelt, that will raise the issue of contributory negligence. Thus, I think your son will be best served by hiring a lawyer to be sure he gets what he deserves for the injuries he suffered.
    Answer Applies to: Wisconsin
    Replied: 11/18/2013
    Padove Law | Burton A. Padove
    These are serious injuries with potential long term effects. You need to hire an attorney who can investigate and determine who may be responsible. His driver's insurer should cover medical expenses up to the limit set forth for medical payments in the policy. Your medical insurance should cover also. It is rare that a passenger can file a suit directly against his own driver due to what is known as the "Guest Statute". He may be able to sue the driver and owner of the vehicle that struck his. Depending on all of the circumstances, there may be other potential defendants. For example, if there were negligent repairs that contributed to the accident, or road defects.
    Answer Applies to: Indiana
    Replied: 11/18/2013
    Matthew D Kaplan LLC
    Matthew D Kaplan LLC | Matthew D Kaplan
    In Oregon your son should get medical payments from the PIP coverage of the car he was riding in. In general that amounts to 15K in bills. If he used all of that 15K, he can also make a PIP claim medical payments from his own auto insurance or any auto insurance of a family member he lives with. Once he is medically stationary, he can also sue any at fault driver involved in the crash. That can be both the driver or the vehicle he was riding in, and/ or the third party (other vehicle) involved in the crash. There may be other parties he can make claims against as well. Because this case sounds relatively serious, I strongly recommend he retain his own injury attorney.
    Answer Applies to: Oregon
    Replied: 11/18/2013
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