soc - medical payments query....

[dipper]

Soc,

SS was burned on April 27 at neighbor's yard near BM's home.  He spent 13 days in the hospital.

DH sent a request to the people whose home he was at requesting their homeowner's ins. information.  No reply.  BM has become best buddies with these people, though she barely knew them before the incident.

DH is responsible for 75% of the bills.  DH was in the hospital last year for 13 days - we are still paying on this.  We went to court in January - and are still paying the lawyer.  BM will not pay any of the $2800 she owes dh for that joint bankruptcy.  My ex is over $7000 behind in child support.  We simply do not have the money for these medical bills.

We also feel that this would have never happened had bm monitored who ss was spending time with and had she kept him in counseling.  He is 13  and the other children are around the same age - they all knew better than playing with lighter fluid.

We have considered asking her to try to obtain the information.  We also are aware that social services has a program that will pay the hospital bill if you meet certain requirements.  Of course, bm would have to apply and she would probably make sure to mention that she only wants 25% covered, which is her part.

Soc,
If we ask her to help in obtaining information about homeowner's and she refuses, will the judge still force dh to be responsible for 75%?



Any ideas with this?

[socrateaser]

>Soc,
>If we ask her to help in obtaining information about
>homeowner's and she refuses, will the judge still force dh to
>be responsible for 75%?

Yes. You may have a case against the BM for negligent supervision, if you can show that "but for" BM's failure to supervise, SS would not have been injured. Difficult but not impossible to prove. You also have a case for negligence against the neighbor. It is irrelevant that you have the ins. info, because the neighbor's insurance company will not consider paying until you claim that the neighbors were negligent.

So, you will need to make a demand for payment to the neighbors, and then, if they refuse to pay, sue them for negligence in civil court. A personal injury attorney will probably take such a case on a contingency, because he/she will know that the neighbor's homowners insurance will pay and try to settle.