Legal Question in Credit and Debt Law in Missouri

My son, Phill 19 years old, was involved in a car accident in Springfield, MO involving our van and a car that ran a flashing red light. I took him to the hospital ER to be checked for some neck and knee pain. A few days ago, he received a patient's copy of a "Notice of Lien" from the hospital towards the other party's insurance which was dated October 19. Most of the $1435.00 bill (except about $50.00) was already paid for by our Personal Injury Protection Policy. Today, he received a "Notice of Hospital Lien Release", dated October 21.

I am suspicious, because this sounds awful fast for a payment to have been authorized, sent, received and acknowledged. Is it possible that the other party's insurance paid the outstanding $50.00 and the hospital then released the lien. Can they get away with this? Is our son then able to go against the insurance company for the balance, or will our insurance company go against it? If this is a problem, what can we do to stop it? I want to make sure that our son's rights are protected; especially since he is a college student and still our dependent and we are responsible for his bills.

Thanks, Fred


Asked on 11/03/11, 8:15 pm

1 Answer from Attorneys

Anthony Smith LawSmith

I hope and pray that yoru Son is recuperating well. Without knowing the specific facts of his case, I can only give you general answers and speculation. It sounds like the hospital computer automatically spits out lien letterrs for all accident victims who come through the ER. The $1,385.00 payment arrived and their system sent the release letter. The hospital administration probably set up that system to protedct their interests, and it sounds like it worked properly in your Son's case.

The hospital cannot waive your Son's right to seek compensation for his injuries form the other driver's insurer, unless he gave them that power. Hosptial have incoming patients sign a liot of redundant and sometimes silly forms. But. I am unaware of any seeking that power. It woudl nto be in their interst to take on that responsibliity and liability to your Son.

Your Son can and probalby will seek remuneration for his out of pocket costs of the accident and his injuries both present and lingering. The time for determining that is when he has reached, what many call Maximum Medical Improvement (MMI). This is the point where the short term treatment has been completed, no more improvement is expected from ongoing treatment, and there is some evidence as to what he is likely to suffer in the future. Given that you indicated he had neck and knee pain, it might be months or years before he is at MMI.

It will be upon your Son to pursue his claim for injuries beyond what your insurer will pay. He need only make sure the other driver had vaslid and current insurance, and that the insurer is aware of the pending claim. PI attorneys offer do that by making a demand for the largest amount your Son coudl reasonable percieve hsi claim to be worth. right now, that may be hundreds of thousend of dollars. His likely actual damages will probalby be revealed to be a fraction of that once MMI is acheived, and teh claim goes to settlemetn or trial.

If this process is unfamiliar to your Son, I suggest he consult with a PI attorney, to dicuss his options. Depengin upon who the other driver was insured by, they may try to push him to settle his claim for too little too soon. You or your Son can email me if you need to discuss the specifics of his situation or need a referral to other counsel. Hopefully, in a year or two, this accidnet will be only a distant memory. Until then, he should comply with all proper medical advice, and allow himself to heal as best he can.

Good luck

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Answered on 11/04/11, 8:58 am


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