If my mother-in-law slipped on a wet spot on a restaurant floor, who pays the medical bills?

She was rushed to the hospital by ambulance. She had 3 staples put in her head and had a full body cat

scan. The restaurant wants her to use her insurance and they will pay the difference. Is this the correct protocol? She just want the bills paid.

Asked on July 5, 2017 under Personal Injury, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Her own insurance will pay the bills unless the restaurant volunteers (in writing) to pay them for her--and even if they do, your mother (and her insurer) are liable if the restaurant failed to honor its obligations, since the person getting treatment is ultimately responsible for the medical bills. She and/or her insurance should pay; if the restaurant does not then reimburse her for any out-of-pocket amounts she has to pay, she  could sue them for the money. (So pay first; get reimbursed later.)


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