What should I do if a school bus mirror hit my daughter, knocked her down and now she has a concussion?
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What should I do if a school bus mirror hit my daughter, knocked her down and now she has a concussion?
I took her to the doctors and found out she has a concussion. The school told me to go through my car insurance for the medical bills to get paid. Is it right to do that? It had nothing to do with me or my car. Shouldn’t the school be paying for that?
Asked on October 9, 2015 under Personal Injury, Pennsylvania
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You are correct that your car insurance has nothing to do with this case.
The school district is liable for your daughter's injury. Contact the school district to obtain the name, address, and telephone number of its insurance carrier. Notify the school district's insurance carrier in writing of your daughter's personal injury claim.
When your daughter completes her medical treatment and is released by the doctor or is declared by the doctor to be permanent and stationary, which means having reached a point in her medical treatment where no further improvement is anticipated, obtain her medical bills and medical reports. Your daughter's personal injury claim filed with the school district's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of her injuries and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.
If the case is settled with the school district's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the school district's insurance carrier, reject the settlement offers and file a lawsuit on behalf of your daughter against the school district for negligence. You will need to be appointed guardian ad litem to file a lawsuit on behalf of your daughter because she is a minor.
If the case is NOT settled with the school district's insurance carrier, the lawsuit against the school district for negligence must be filed prior to the expiration of the applicable statute of limitations or your daughter will lose her rights forever in the matter.
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