If my daughter was a passager in a vehicle along with the driver who was 17, whose insurance covers my daughter’s medical bills?

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If my daughter was a passager in a vehicle along with the driver who was 17, whose insurance covers my daughter’s medical bills?

And was hit head on by a lady that was driving the other vehicle. The ladies license was from one state but her car was regeristered in another.

Asked on December 6, 2012 under Accident Law, Pennsylvania

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The registered owner of the vehicle that was at fault in the accident is liable for your daughter's medical bills.  If your daughter is a minor, you should contact the insurance carrier of the registered owner of the at-fault party's vehicle to file 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 your daughter's medical bills and medical reports.  Your daughter's personal injury claim should include these items.  Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your daughter's injury 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 registered owner's (at-fault party's vehicle) insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the insurance carrier, reject the settlement offers and file a lawsuit for negligence against the at-fault party and registered owner of the vehicle.  You will need to be appointed guardian ad litem to file a lawsuit on behalf of your daughter because a minor cannot file a lawsuit herself.  The lawsuit can be filed in your state.  If the case is NOT settled with the at-fault party's (registered owner's)  insurance carrier, the lawsuit 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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