What does a pasdanger pf an auto accidentneed to do to make sure his medical is paid for

My son was riding with his girlfriend
and she was hit by a car that ran a red
light. It was the other drivers fault.
My son went and got checked out at the
hospital and was released. He is
complaining now of chest hurting. Will
they pay his medical.and what does he
need yo do.

Asked on October 30, 2017 under Accident Law, Texas

Answers:

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

Answered 3 years ago | Contributor

Your son (or you if he is a minor) should notify the at-fault party's insurance carrier in writing that your son will be filing a personal injury claim.
When he completes his medical treatment and is released by the doctor or is declared by the doctor to be permanent and stationary which means having reached a point in his treatment where no further improvement is anticipated, he should obtain his medical bills, medical reports and documentation of wage loss.  His claim filed with the at-fault party's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports document his injury and are 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 at-fault party's insurance carrier, NO lawsuit is filed.
If your son (or you if he is a minor) is/are dissatisfied with settlement offers from the at-fault party's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the at-fault party.
If your son is a minor, you will need to be appointed guardian ad litem to file a lawsuit on his behalf.
If the case is NOT settled, your son's lawsuit must be filed prior to the expiration of the applicable statute of limitations or he will lose his rights forever in the matter.


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