g1ant

Complex one this.

Last week my 17 year old daughter who has only been driving for just over a month picked up her friend so they could go to the local recreation center to pay their membership for the next month.

It seems that her freind persuaded her to drive to another town because she wanted to meet up with a boy who she had met up with at an athletics meeting earlier in the year. When they got there they got lost and were trying to find the boy's house when they were involved in a car crash. Details are sketchy but it seems that my daughter pulled out from a stop sign onto a very fast road in front of another car and was T boned.

Result: She has two fractures to her pelvis and a broken hip and spent three days in the hospital. Her friend was not seriously injured but was kept overnight in the hospital. We only had liability insurance so we will be down our $5000 deductible plus 20% of anything over that. And the car was a write off.

Now the other girls mother is hassling me about her daughters medical bills plus incidental expenditure.

My view is that if it wasn't for her daughter having the hots for the kid in the track team none of this would have happened and she should shoulder at least some of the blame and the financial losses.

Thoughts????

lansbury

You could try negotiating but somehow if she doesn't want to I don't think you have much of an argument. Your daughter was perfectly at liberty to refuse to drive to the other town and she did cause the accident.

Octang Frye

You're probably angry as heck, but be grateful they're still alive. What happened to the people they pulled out in front of? Do they have medical bills/issues?

I worry about this stuff as my kid will be driving in a few years. I just got rear-ended on Tuesday night ('am just feeling the whiplash now) by a girl on her cell phone, and I got rear-ended in a drive-through (of all places) by teenage girls a couple of years ago.

I'm not being sexist, but teen girls are a nightmare. You can spot a teen girl driver by the floral lei hanging from the rear-view mirror, or the string of CDs, beads or teddy bears. They are invariably on the phone or texting.
Teen driving is far more of a menace than firearms.

Anyway, I didn't mean to go off on a rant. Consider the friendship with the girl and her family terminated.
I don't think you are responsible for her medical bills, but I'm not a lawyer, so take my opinion with a pinch of salt.

I feel for you. The only consolation is that hopefully your kid will learn from this, and be grateful that you're not in mourning.

penguinsix

Absent a gun to your daughter's head your argument is a bit weak.

Does the other girl have medical insurance? Does your policy cover passengers medical bills?

If she hassles you, you should tell her to contact her health insurance plan for reimbursement. I would not offer to pay anything or discuss who is or is not at fault for this accident. Let me repeat this: do not discuss any settlement with her directly, or issues of fault, or disclose how much insurance you carry.

In fact, at this point, my advice (as a lawyer) is to "lawyer up". Seek a consultation with an accident defense attorney (trust me, there are probably a gazillion in the phone book).

If the other girl has coverage, the hassling could be an attempt to get a bit of cash out of you on the side.

But really, talk to a professional. Otherwise you might end up seeing her the other girl in a (fake) neckbrace and wheelchair in court.

(The specifics of the following advice links depends on the state you are in and the fact that some of these guys may be 'ambulance chasers')

http://www.car-accident-advice.com/medical-bills.html

http://www.rmiia.org/auto/steering_t...s_are_paid.asp
http://www.bronxinjurylawyer.com/CM/...r-Accident.asp

Octang Frye

Yeah, I have to concur with PenguinSix. Get yourself covered and don't talk to the girl's mother.

Rete

Had a car accident back in 1989 and the other driver was harassing me to the point I was in tears. It was only a fender bender and no personal injury. I called my insurance company, GEICO, and their advice was under no circumstances to speak with the other driver but to refer them to GEICO about their claim. They said that is what my premium is for and to let them do their job. Worked perfectly.

As for yourself, I don't know Texas so will ask if you have no-fault insurance? If so, then the healthcare for both your daughter and new friend should be covered under your auto policy. I don't know why you have such a high deductible and why you didn't carry comp and collison but assume it was either an old car and the $5,000 deductible made it worthless to carry it or you were just trying to save money.

Your daughter, unfortunately, appears to be at fault and as such you are responsible for her healthcare and that of the injured friend's medical deductibles if she has insurance or the total cost if she does not.

You can also be sued for personal damages to her pysche if they want to sue on those grounds.

Mummy in the foothills

My Ds was in a wreck that totaled my car but he was the one who hit the van who pulled out from the stop sign in front of him.
Our insurance told his passenger who was slightly hurt, to contact them if the other guys insurance got sticky, they would cover her physio bills and go after the van insurance themselves if they didn't pay. So I think your insurance is the one who needs to pay for this girls medical bills.
You daughter was at fault, I doubt she'll be talked into anything so easily again. Lesson learned and a very painful and expensive one at that. I hope she heals quickly.

g1ant

We have a $5,000 deductible on our health insurance because my wife's employer has gradually reduced her health benefits over the past three years till they are at the point of being almost worthless.

Given that she has also not received any raise in wages over that time we are worse and worse off all the time. This is Texas where the employer has the whip hand. You don't like it? Go get another job.. there's the door.

g1ant

Thanks. She was very lucky.

It looks like the insurance will cover all her friends bills but only some of ours. I know that from a legal standpoint I don't have a case. My OP was just a late night rant I suppose. But morally I don't see why her friend should get off scot free.

Englishtart

Something similar happened with my oldest when he was 17, he had been driving about 4 months, his GF at the time was a big (bad) influence on him, she got drunk with some friends in a public park, then called my Son to give her a ride home, he did, she was in the back seat gagging and on the point of throwing up He got distracted and drove through a red light, the cops got him for the red light thing, but then also for his GF having a mug full of alcohol in his car (he swore he thought it was soda )

Noone was hurt, no crash, but we thought he was going to get a hefty fine. I told him to get his GF to pay the fine, obviously she refused and we couldn't make her. Fortunately, because of my Sons respect for the law, they ended up letting him off, we also talked to the cop that stopped him and explained the situation.

We were pretty disappointed in our Son for being so gullible, but that's teenagers for you, they are often talked into things they know are wrong, but they do them anyway He learnt a big lesson that night and dumped the GF. (still lost the car privelidges for 3 months though) Hopefuly, your daughter will learn and grow from her ordeal, glad she is ok, but in the end, as the driver it was her fault.

scrubbedexpat099

I did not think Texas was no fault.

If you have a Medical extension under your Motor insurance this is a first party coverage for medical costs without liability being an issue.

Probably not enough to cover more than your deductible if you have it.

Otherwise what liability limit do you have? You have 2 potential claims coming her way, let the Insurer deal with it, pass any correspondence on to them. The big problem is if you have high claims and a low limit, the insurer will pay out their limit and walk away.

Giantaxe

Yeh, that's the issue in stuff like this. Even if the other parties have health insurance, those inusurers will likely come after the at fault party's insurance for reimbursement, or the negligent party if there isn't enough coverage. What I am unsure about is whether they can come after the parents of the negligent party in a case like this? Bottom line is I agree with prior advice:- say absolutely nothing to the other parent/kid and let the insurance company deal with it.

scrubbedexpat099

They can in Colorado, I do not know the situation in Texas.

It will vary by State.

Tarkak9

Very well varies by state, but remember, until the age of 18, the negligent party in a case like this is a minor, so parents could very well be vicariously liable as legal guardian or whatever.

Thing about law... throw everything to the wall and see what sticks.

g1ant

Thanks for all the advice and experiences. As you will gather its been a trying time this last week.