need help (am being sued) (long)

  1. HELP!!!!! My son, 11 y/o was riding a bicycle and was struck by a car after his brakes failed. He rolled up over the hood, broke the widshield and then hit the pavement. He then stood up, asked the driver and passenger if they were ok and then sat on the curb to wait for police/EMS. He was taken to the E.D. were I work and was "treated and streeted" with no injuries other than a few contusions and abrasions. The couple's daughter called a little while after he was home and asked my wife what we were "going to do about the damage." My wife did not have an answer for her, so, she showed up at the house, estimate in hand, demanding payment in full. I told her we were in contact with our insurance company (refused because he was not in a motor vehicle) and we would discuss it further after hearing from them. We then called our homeowners (no...It was not on our property, we are from WVa, this is in Alaska). Then the officer who investigated the accident called and advised me to simply pay the damages and be done with it. Turns out the only insurace the couple had on the car was the bare minimum liability, no under/uninsured (required in most states) and their insurance was refusing to pay also. Now they call and tell me they are going to file suit in small claims court on Monday unless I cough up over $3,000 for the car. I know this is not nursing related...but I am looking for advice. My assignment is up here in about 6 weeks and it looks like I am not welcome in this community any more. Is there anything I can do? I am willing to pay for the windshield, but the rest of the "damages" look older than the 1st of April. (NO...this is not an April fools joke) THANX!!!!!!...Sorry it is so long.
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  2. 6 Comments

  3. by   TazziRN
    About your only recourse will be to talk to an attorney. Good luck, it sounds like you're being shafted.
  4. by   Taxminia0311
    Quote from emsboss
    HELP!!!!! My son, 11 y/o was riding a bicycle and was struck by a car after his brakes failed. He rolled up over the hood, broke the widshield and then hit the pavement. He then stood up, asked the driver and passenger if they were ok and then sat on the curb to wait for police/EMS. He was taken to the E.D. were I work and was "treated and streeted" with no injuries other than a few contusions and abrasions. The couple's daughter called a little while after he was home and asked my wife what we were "going to do about the damage." My wife did not have an answer for her, so, she showed up at the house, estimate in hand, demanding payment in full. I told her we were in contact with our insurance company (refused because he was not in a motor vehicle) and we would discuss it further after hearing from them. We then called our homeowners (no...It was not on our property, we are from WVa, this is in Alaska). Then the officer who investigated the accident called and advised me to simply pay the damages and be done with it. Turns out the only insurace the couple had on the car was the bare minimum liability, no under/uninsured (required in most states) and their insurance was refusing to pay also. Now they call and tell me they are going to file suit in small claims court on Monday unless I cough up over $3,000 for the car. I know this is not nursing related...but I am looking for advice. My assignment is up here in about 6 weeks and it looks like I am not welcome in this community any more. Is there anything I can do? I am willing to pay for the windshield, but the rest of the "damages" look older than the 1st of April. (NO...this is not an April fools joke) THANX!!!!!!...Sorry it is so long.
    Get yourself a Lawyerrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr now not tommorrow but, now....
  5. by   Seank
    Quote from emsboss
    HELP!!!!! My son, 11 y/o was riding a bicycle and was struck by a car after his brakes failed. He rolled up over the hood, broke the widshield and then hit the pavement. He then stood up, asked the driver and passenger if they were ok and then sat on the curb to wait for police/EMS. He was taken to the E.D. were I work and was "treated and streeted" with no injuries other than a few contusions and abrasions. The couple's daughter called a little while after he was home and asked my wife what we were "going to do about the damage." My wife did not have an answer for her, so, she showed up at the house, estimate in hand, demanding payment in full. I told her we were in contact with our insurance company (refused because he was not in a motor vehicle) and we would discuss it further after hearing from them. We then called our homeowners (no...It was not on our property, we are from WVa, this is in Alaska). Then the officer who investigated the accident called and advised me to simply pay the damages and be done with it. Turns out the only insurace the couple had on the car was the bare minimum liability, no under/uninsured (required in most states) and their insurance was refusing to pay also. Now they call and tell me they are going to file suit in small claims court on Monday unless I cough up over $3,000 for the car. I know this is not nursing related...but I am looking for advice. My assignment is up here in about 6 weeks and it looks like I am not welcome in this community any more. Is there anything I can do? I am willing to pay for the windshield, but the rest of the "damages" look older than the 1st of April. (NO...this is not an April fools joke) THANX!!!!!!...Sorry it is so long.
    It would be money well-spent to spend an hour with an attorney who specializes in this area. Since you didn't mention any details of the accident e.g. were they speeding? Were they exercising due caution with children in the area? There is no cut and dried answer and the state law comes into the picture. Or you can just pay. If they sue you you will be there much longer than six weeks is my guess. Make sure you take the police report to the attorney.
  6. by   googlyeyes
    Sue her for hitting your son and not paying attention (sue her for being too dumb/cheap to have better insurance) , she should have had better coverage, don't let her stupidity cause your family money.
  7. by   calilvn2008
    :yeahthat:
    could not agree with you more
  8. by   prmenrs
    This is asking for legal advise, which allnurses prohibits. Please, consult a lawyer!!!

    I need to close this thread.

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