What are my daughter’s rights to a settlement if she was a passenger in a vehicle that was involved in a car accident?

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What are my daughter’s rights to a settlement if she was a passenger in a vehicle that was involved in a car accident?

It happened 2 months ago. She was flown in by helicopter that costs $5,000 and her medical bill is $55,000. She was injured (lung bruising, hip and abdomen pain, hit her head). She was released from the hospital hours later. The vehicle my child was in doesn’t have medical payments as part of their insurance. How do I get that paid for? Am I responsible for it? My daughter has health insurance but it’s medicaid. I’m not sure if it will be covered. Why are they asking to see if it’s a lien?

Asked on May 6, 2014 under Personal Injury, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you daughter is a minor, you are responsible for her medical costs. If she is an adult, you are responsible only if you signed something (such as anything when she was admitted) which could make you responsible--a parent is not responsible for an adult child's medical bills unless he or she agrees to be. You (if your daughter is a minor; or your daughter, if she is an adult) can try to sue the owner and/driver of the vehicle your daughter was in, if you think they were at fault (e.g. driving carelessly) in causing the accident and injury; or if another car was involved and you feel it was at fault, you or your daughter can sue them. With such serious injuries and such large medical bills, it would be well worth your while to cosult with an attorney directly about this.


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