Legal Question in Personal Injury in Nebraska
Pedestrian vs. Automobile
Stepson was struck by a motor vehicle on 6/29/01 resulting in injuries which required surgery on 6/30/01. The hospital where performed is billing as personal pay injury. My question is this, As my son was a pedestrian who was struck by a motor vehicle isn't the drivers automobile liability insurance responible for the payment of all medical bills incurred by us for treatment and why won't the hospital file a claim directly with the drivers insurance company? Any information you can provide will be greatly appreciated.
2 Answers from Attorneys
Re: Pedestrian vs. Automobile
You need to pursue a personal injury claim against driver for medical bills plus injury. You need to get an attorney involved. I can help, call meat 314 725-8000 or email [email protected].
GSK
Re: Pedestrian vs. Automobile
First of all, we need to know whether the accident occurred in Nebraska or Missouri? Obviously, we would also need to know the age of your stepson and the important details of the accident and insurance coverage.
In general, the driver's insurance company will not pay anything until the case is either settled or a court judgment is entered requiring them to pay. In the meantime, submit the bills to your health and accident carrier and also to your own auto insurance company under the medical payments coverage. This should not increase your premium or affect insurability.
It is important to obtain as much evidence of how the accident occured as soon as possible. Skid marks, debris, landmarks etc. all change over time. Don't talk to an insurance adjuster until after consulting with an attorney. If I can answer any other questions please feel free to e-mail or call me.
James E. Harris
10050 Regency Circle Suite 101
Omaha, NE 68114
402-397-1200
402-397-1201 fax
Certified Civil Trial Advocate by the
National Board of Trial Advocacy
http://www.harrisfeldman.com
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