Legal Question in Credit and Debt Law in California

Who do I sue?

My son hurt himself at his daycare center back in '96 or '97. One of the daycare administrators told us that since the accident occurred on their property under their care, their insurance would pick up the medical bill. Fortunately, the damage was minimal and the bill was only $300. The hospital told us that we had to give our own information, and NOT the daycare's information, for billing since we are the child's parents. When we were billed, we brought the bill to the daycare center. They insisted that they would "take care of it." We received several late notices and notices of collection, each of which we brought to the daycare center. Again, they insisted they would take care of it. Recently we were rejected for an auto loan and for a cell phone. We need to get this cleared up. Should we pay the $300 and sue in small claims court? We live 400 miles away from the daycare center now, which would make it somewhat difficult, but certainly not impossible. If we sue, WHO do we sue? The daycare center, or their insurance provider? Is there any further action that can be taken because of our flawed credit?


Asked on 2/28/00, 11:35 am

1 Answer from Attorneys

Ken Koury Kenneth P. Koury, Esq.

Re: Who do I sue?

You cannot sue the insurance Co. you must sue the day care center directly.

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Answered on 3/09/00, 6:11 pm


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