If my daughter was a passenger in an injury accident with an uninsuredteenage driver, who is responsible to pay medical expenses?

UPDATED: Dec 21, 2011

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If my daughter was a passenger in an injury accident with an uninsuredteenage driver, who is responsible to pay medical expenses?

We found out that either the family has no coverage or they didn’t add their teenage son to their policy. We’ve had extensive medical bills so far. We have auto coverage and our daughter is listed on our policy. We also have health insurance. Who pays?

Asked on December 21, 2011 under Personal Injury, Kansas


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Here is the problem. Usually this is a no-brainer because usually there is insurance coverage on the driver. Here, the teenager is hopefully a minor. If a minor and he has had prior accidents, your chances are higher that the parents' insurance company may be forced to pay especially if the vehicle was covered by the insurance separate and apart from the driver. You and your daughter will need to sue anyone and everyone without using your insurance or health insurance. First, you hire an attorney to sue the teenager, the parents, the parents' motor vehicle insurance carrier and any other driver and his or her insurance company if this was a multi-vehicle accident. Then, your lawyer will decide if the medical bills will need to be on some sort of delayed payment schedule or lien until the matter is settled. Your insurance may not cover her as a passenger in another vehicle but you can certainly check to ease your mind. Further, your health insurance coverage is a good resource for medical bills but the amounts sued for will include your medical bills, regardless of whether insurance pays it or not. The strategy should be up to your counsel because your counsel will be able to determine what state laws will apply and what is the regular custom and practice in your state for such accident situations.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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