Legal Question in Personal Injury in Utah
Should my insurance pay him when he hit me?
My 18 year old daughter was slowing to stop at a stop sign, when a rollerskating teenage boy zoomed through the intersection, and hit the side of her car. Apparently he was trying to do a cool ''flip over the car'' move he saw on TV. Upon hitting the pavement, he was injured and was hospitalized. There were several witnesses that confirmed this story. The police came, but no ticket was issued. 3 1/2 years later, my insurance agent calls and says that the hospital has failed to collect from the boy, and now wants my insurance to pay the bill. My agent says he can pay it. Does this admit fault or guilt? Should we pay when the boy was at fault? My agent says if I say no, the hospital can come after me. How is that possible?
1 Answer from Attorneys
Re: Should my insurance pay him when he hit me?
The hospital can sue the driver. The insurance company has to defend the driver. The question is whether the cost of defence is greater than than the hospital bill. The boy probably told the hospital that the accident was the driver's fault, and this is the reason the hospital wants to collect from you. I would get a copy of the police report and see what it says before making a decision. If the police report exonerates the driver, I would not advise payment. If there is a question of liability, then you weigh the costs and benefits of settling.
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