Refusing to pay medical bills......

[dipper]

Hi all, if you have kept up with the ss hurt badly thread, you will know what I am speaking of.  

here is the situation - I had told you all that we simply do not have money for these bills.  Well, we spent hundreds of dollars traveling the two hours to the hospital, spending the night there, and spending so many hours there that we had to eat alot of meals there.  We also spent money while ss was in the hospital on big, lightweight clothes for him, and lowrise undies that would not rub his burn sites.  DH bought most of ss' drinks while he was in there - sodas, gatorade, v8 - several a day.  Also, ss never liked the hospital food and dh would buy him meals from downstairs - mcdonalds or chick fillet.  SS even requested dh to bring him steak subs from a restaurant local to us.  I have bank records showing that we spent $160 in gas near the hospital on our bank card alone, this doesnt include what we paid in cash.  Also, dh withdrew money while at the hosptial to buy stuff for ss.

His first weekend here, we had to buy bandages, benadryl, sun block (50 spf, we only had 35), and aveeno lotion.  

Well, dh had put three containers out to help raise money.  The containers simply had a pic of ss in the hospital, the story of his situation, and mention that dh had been in the hospital for 13 days last year as well.  

Now, not much money was collected - maybe $150 in all.  Ss did recieve other money in cards from people, and he was allowed to keep it because it was sent to HIM.  Evidently, though, ss was thinking he was going to spend everything and must have told bm that he wanted to get a 4 wheeler with the money.  

BM bought ss down Friday night.  Today, dh's brother came by and gave us horrible news.  His brother dines at one of the places we put a container and yesterday someone that works there told him that dh's ex had said that the collections were a fraud and that the money was just being used by ss for a four wheeler.

Now, bm is scared that dh is going to take her to court for custody.  She is scared that ss may get a bigger goodie than she can promise him, and that is her way of manipulating ss -through goodies.  

DH went to collect the containers and put up flyers explaining that anyone saying the money was used for goodies is an unhappy liar who only feels better by hurting others.  Unfortunately, he only asked at one place if she said it - and one of her best buds is who he asked....so, of course they didnt admit it.  

Okay...

so, we are thinking of sending bm money with a note that this is all there is because of  her lies.  That possibly enough could have been raised to cover the medical expenses.  Also, that dh will be paying nothing else because it was due to her negligence that this happened to begin with.....dh paid for tires that were slashed while on her time because ss stole the knives from dh - thus, bm blamed him dh for buying the knives in the first place.  Also, being the primary custodian, she should contact the people that own the property that ss was at and should get them to pay the bills.  But, that is her responsibility to see to it that they do.

Any thoughts on our legal standing for all of this?  



Is there any way to go to court and ask that the judge legally hold bm responsible for these bills even though dh is assigned to pay 75% of these bills on the order?

[joni]

My DH's a doc.  I spoke with his biller about homeowners liability on this.

BEWARE....BM may be setting you up to screw you.  She may place a claim with the neighbor's homeowners insurance, collect the settlement, pocket it in her bank account and you would still be stuck with the bills and be forced to sue the BM to get the settlement money to cover your 75%.

The first thing I would do is give the doctors and hospitals the neighbors name, address and phone number where this happened.  Tell them a homeowners claim was filed and they need to contact the homeowner to get the info.  Let them get harrassed enough where HOPEFULLY they'll turn it into the insurance company for payment.

I saw Soc's reply to you about suing the homeowner's civally where the accident happened.  FILE THIS NOW.  Don't get distracted by the BM's antics, go after the neighbors NOW.

DO NOT SEND ANY MONEY TO THE BM.  She could pocket your money and never pay the docs.  Pay the docs directly yourself if you go this route.

[dipper]

Thank you, Joni.  I had not thought about that.  At least there is a possibility that the hospital would contact these people directly.  

My dh is going to meet with a personal injury lawyer to see if there is any chance of they see a case for getting these people to pay.  If nothing else, maybe it will scare them into giving up the copay and deductible.

I am thinking - to file a civil action dh would need to do so in their county as that is where the incident occured.  Well, the lawyers he is going to see are near that area anyway, so he can just go to that court house as well......

BM would definitely do that - pocket the money and lie about it.  

[joni]

That's another approach.  It may be worth paying this attorney $300 to write the homeowners a nasty note threatening to sue them personally for the medical bills if they don't provide you with their homeowner's insurance information.

Maybe this atty can lien their home for your medical bills?

While you work with this atty, I would also sic the hounds lose on them and give their name, address and phone to every doctor and hospital that saw the child.  Between the pressure from your atty's letter and the medical people calling them should make them do the right thing.

Good luck

[wendl]

see my post on the other thread.

**These are my opinions, they are not legal advice**