Question about medical expenses

[Romersgirl]

Facts:
We live in VA and my husband has joint legal custody of his 2 sons with his exwife.  However the maternal grandmother has physical custody (which we are currently fighting for).  Both my husband and the BM are ordered to pay support to the grandmother.  The court order states that my DH is responsible for 64% of all extraordinary medical expenses and the BM is responsible for 33% of all extraordinary medical expenses.  

OSS was involved in a go cart accident with the maternal great grand-father at the great grandfathers house.  He may also face charges on neglect and Contribuiting to the delinquency of a minor (since he was drunk).  It was the BM's scheduled visitation and she was there when the accident happen.  

Questions:

1.  I know it says we are responsible for the medical bills, however since it was on BM's visitation is there any way we can get her to claim responsiblity of this, other than doing a civil suite against her?

2.  Since it was at the BM/great grand dads house could we sue his homeowners insurance?

3.  We have apts with the guardian et litums before the grand dad goes to trial for his case, since we don't know the out come of what will happen (getting charged) how do we get that into consideration as to the well being of the boys?

[socrateaser]

>1.  I know it says we are responsible for the medical bills,
>however since it was on BM's visitation is there any way we
>can get her to claim responsiblity of this, other than doing a
>civil suite against her?

You need to sue the Grandparents -- their homeowners insurance company will defend and will probably settle if the injuries were treated by a doctor. Contact a Personal Injury/Tort attorney right away.

>
>2.  Since it was at the BM/great grand dads house could we sue
>his homeowners insurance?

Yes, see above.

>
>3.  We have apts with the guardian et litums before the grand
>dad goes to trial for his case, since we don't know the out
>come of what will happen (getting charged) how do we get that
>into consideration as to the well being of the boys?

Was the accident reported to CPS? If so, you can subpoena the report. Did any third party bystander witness the accident who will testify as to the Grandfather's drunken state? The more objective proof, the better your case is. See a Personal Injury/Tort attorney.

[Romersgirl]

Facts:
We live in VA and my husband has joint legal custody of his 2 sons with his exwife.  However the maternal grandmother has physical custody (which we are currently fighting for).  Both my husband and the BM are ordered to pay support to the grandmother.  The court order states that my DH is responsible for 64% of all extraordinary medical expenses and the BM is responsible for 33% of all extraordinary medical expenses.  

OSS was involved in a go cart accident with the maternal great grand-father at the great grandfathers house.  He may also face charges on neglect and Contribuiting to the delinquency of a minor (since he was drunk).  It was the BM's scheduled visitation and she was there when the accident happen.  

Questions:

1.  I know it says we are responsible for the medical bills, however since it was on BM's visitation is there any way we can get her to claim responsiblity of this, other than doing a civil suite against her?

2.  Since it was at the BM/great grand dads house could we sue his homeowners insurance?

3.  We have apts with the guardian et litums before the grand dad goes to trial for his case, since we don't know the out come of what will happen (getting charged) how do we get that into consideration as to the well being of the boys?

[socrateaser]

>1.  I know it says we are responsible for the medical bills,
>however since it was on BM's visitation is there any way we
>can get her to claim responsiblity of this, other than doing a
>civil suite against her?

You need to sue the Grandparents -- their homeowners insurance company will defend and will probably settle if the injuries were treated by a doctor. Contact a Personal Injury/Tort attorney right away.

>
>2.  Since it was at the BM/great grand dads house could we sue
>his homeowners insurance?

Yes, see above.

>
>3.  We have apts with the guardian et litums before the grand
>dad goes to trial for his case, since we don't know the out
>come of what will happen (getting charged) how do we get that
>into consideration as to the well being of the boys?

Was the accident reported to CPS? If so, you can subpoena the report. Did any third party bystander witness the accident who will testify as to the Grandfather's drunken state? The more objective proof, the better your case is. See a Personal Injury/Tort attorney.