Legal Question in Insurance Law in Texas
Need medical bill from auto accident paid.
A daughter under the age of 18 was the passenger in an auto accident. The accident acurred in Arkansas we live in texas. When we contacted the liable parties insurance we ask for the medical bills to be paid. The policy was for 25000 dollars and the medical bill were about 19000 dollas. the insurance company offered $25000 to settle we agreed. Because our daugther was under the age of 18 the insurance company had to appoint her and attorney here in Texas as and gruadian. That attorney will only agree that the $25000 is to be in a trust fund for our daugther until she is 18 and that we are to pay the medical bills our selves. All we want is the medical bills paid and all he wants is to pay pain and sufering for our daugther without any regard for the finacial hardship or the pain and suffering that our entire family faced. The question is do we have any options the insurance company says no but we cannot believe that the insurance can not be used for our daugther care but only for a college fund (hopfully) in the future.
2 Answers from Attorneys
Re: Need medical bill from auto accident paid.
This ad litem has his/her head pointed in the wrong direction. Of course, the ins. settlement pays for meds first; then any excess could go to the future. I guess you don't have a lawyer. In that case you will have to express yourself before the judge when this case goes to court stating what you said here -that the ins. proceeds should pay the meds first.
Re: Need medical bill from auto accident paid.
It is true that, under Texas law, money paid on behalf of a minor is put into the "registry of the court" in an interest-bearing account until the minor turns 18. The courts will rarely, if ever, give the money to the parents, even if they fully intend in good faith to use it for the benefit of their child. However, almost any judge will allow the parents to be reimbursed for medical bills and documented out-of-pocket expenses incurred due to the accident (although the judge does have discretion to rule that the medical bills are the responsibility of the parents just because she's your daughter). Be prepared at the "minor prove-up" hearing to document all of your out-of-pocket expenses, plus the unpaid medical, and there is a very good chance that the judge will disburse these amounts to you before investing the balance for your daughter. Good luck to you and your family.
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