If my husband was eating at a restaurant and almost ate a piece of metal so he got checked out at the ER, can we be reimbursed for the cost od the visit?

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If my husband was eating at a restaurant and almost ate a piece of metal so he got checked out at the ER, can we be reimbursed for the cost od the visit?

He went to the ER that evening just to get checked out and was fine. He contacted the owner of the restaurant and she stated that she filed a claim with the restaurant’s insurance company and that they should be contacting us. We only want them to cover the co-pay for the ER visit. What is their insurance company going to ask us? Is there anything we should or should not ask?

Asked on January 28, 2016 under Personal Injury, New Jersey

Answers:

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

Answered 5 years ago | Contributor

The restaurant's insurance company will only ask about the facts of what occurred at the restaurant and will take a recorded statement.  You should only discuss the facts and not discuss the injury.  The insurance company will be informed of the details of the injury when it receives the medical report and medical bill.
Your husband should obtain his medical bills and medical reports after being released by the doctor.
His claim filed with the restaurant's insurance carrier should include those items.  I assume there wasn't any wage loss claim, but if there was that should also be included.
Compensation for the medical bill is straight reimbursement.  The medical report will document the nature and extent of the injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.
If the case is settled with the restaurant's insurance carrier, NO lawsuit is filed.
If your husband is dissatisfied with settlement offers from the restaurant's insurance carrier, he should reject the settlement offers and file a lawsuit for negligence against the restaurant.
If the case is NOT settled with the restaurant's insurance carrer, the lawsuit for negligence against the restaurant must be filed prior to the expiration of the applicable statute of limitations or your husband will lose his rights forever in the matter.
If your husband was not injured by the metal, he should only expect a small settlement and it is probably not worth filing a lawsuit in the case.


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