Legal Question in Personal Injury in Louisiana

Who pays the Bills?

My Father and Sister were in a car accident, some one came into oncomming traffic and hit them head on. There is no doubt that it is the other guys fault, he admitted that it was his fault. But here is the question. My fathers insurance has been paying for all of the medical bills, 5 or 6 surgey's for my father and 2 or 3 for my sister, plus time in the hospital. The guys insurance policy is 100,000-300,000 100,000(something like that). The Question is,''Is my dads or his insurance company responsible for the bills?''

And are they(my father & sister) entilted to some type of pain and suffering settlement also? My dad was in the hospital fo 1 month and 3 days and my sister about 3 weeks. lost wages? etc

Asked on 4/02/03, 11:47 am

3 Answers from Attorneys


Re: Who pays the Bills?

Your father and sister are entitled to recover for pain and suffering, medical expenses, lost wages, etc. as a result of the accident. The tricky question will be whether there is enough insurance coverage for the individual responsible for the accident and whether your family has available UM coverage. Your family should consult an attorney experienced in insurance matters immediately. Often, the health insurer will reduce its lien to recover amounts paid if there is not enough liability insurance available.

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Answered on 4/02/03, 11:55 am
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Who pays the Bills?

Your family has available through the liable party's insurance $100,000 each under the liability policy. Your father's health and accident insurance usually will want reimbursement for their costs expended due to the negligence of another person. There may be a rare policy where they would not have a right to reimbursement. You should look to see if your father's/sister's vehicles had medical payments coverage since those pay up to their limits without reimbursement. Also, check if they had uninsured/underinsured motorists coverage on their vehicles. Your father and sister have a right to recover pain, suffering, rehab, lost wages etc, including all medicals. It sounds like a thorough examination of all policies available must be done since the injuries seem to be severe enough to go beyond policy limits. After all insurance is exhausted, then you can go after the individuals responsible for the accident.

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Answered on 4/02/03, 12:24 pm
Andrew Casanave Andrew M. Casanave

Re: Who pays the Bills?

I would agree totally with Mr. Pizzolatto's assesment of the insurance issues.

Your family should contact an able personal injury lawyer.

I suggest, instead of potluck in the phone book, read the answers of lawyers in this forum and decide who communicates clearly and competently. That should give you a few choices.

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Answered on 4/02/03, 1:57 pm

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