Legal Question in Family Law in Michigan
My daughter got in an accident in 2008. I am now being sued for the ambulance bill. I was married to her father when it happened.We are divorced now. He will not help pay the bill.Can I take him to small claims court for half of this bill?
1 Answer from Attorneys
Was your daughter under 18 at the time of the accident? Why was the ambulance fee not covered - lack of insurance and/or the insurance company denied the claim? If the accident was a car accident, wasn't there any auto insurance to cover the bill (either yours, your daughter's, or another driver's)? If there was auto insurance, you need to submit the bill to your auto insurance carrier immediately and/or find out why it wasn't paid.
If your daughter was over 18 when the accident occurred, then the parents are not responsible for the debt. Ensure that this company is not scamming you or simply sending you the bill in the hopes of payment. Make sure you actually have legal liability here before paying the bill and/or pursuing an action against the father. Do you know why they sent the bill to you, and not to the father? There has to be a reason for this.
If this bill was not specifically identified and divided in the Judgment of Divorce, you need to look at the general language of the Judgment which provides for the division and responsibility of marital debts, including any bills for the "uninsured medical costs" for the children (including past, current and future bills). There are often bills that you may not be aware of when finalizing the Judgment, and a good attorney would have included a provision in the Judgment to that effect, and specifically pertaining to uninsured medical costs of the minor children.
If there was a Uniform Child Support Order entered with the Judgment, that Order specifies on page 2 the parents' division of responsibility for uninsured medical costs, such as 50%, 60% etc. That percentage may control the amount that the father is required to pay, since it sounds like the ambulance bill is an "uninsured medical cost." Simply because you weren't aware of it when you signed the Judgment does not mean that you are stuck with the entire bill.
Your recourse for reimbursement may be through the court where you Judgment was entered, as that is the only court that has jurisdiction to enforce the terms of a Judgment of Divorce. If your Judgment does not address the payment or division of medical bills for the children, you may be able to file an action in small claims court or the general civil division of the district court. Claims for damages under $3,000 can be handled by the small claims division, however, you are not required to go through the small claims division or process - you can go through the district court. There are advantages and disadvantages to each process - the primary advantage of small claims is that it is faster, as a Magistrate or Judge will decide your case on the day of the hearing. However, you cannot appeal the decision, and you are not allowed to have a lawyer in small claims proceedings, yet you are still responsible for having all evidence and testimony ready for the trial, comply with the court rules and the rules of evidence, etc.
Have you sent him a formal, written demand, requesting payment of the bill, and including a copy of that bill? Do that, so he cannot claim you never asked or gave him a chance. That way, if you do file a suit, and prevail, you're more likely to be reimbursed for the costs of filing the action.
Good luck.