sorry for a long posting but this will be MOST HELPFUL

[annie509]

What is the name of your state? California

My mom who is not a US citizen was involved in an accident. She does not remember anything from the accident, from the police report, it says she is at fault for causing the accident (which included two other parties) Her car insurance is liabilities only and she has not health insurance, and she doesnt qualify for Medi-cal or SMI(?) for help on financing the medical expenses. She doesn't have any assets to her name except for one used car.
My questions are: The hospital knows her financial situation. Obviously, she cannot pay and has no insurance.
What steps will they take inorder to get payment from her? Will her husband or her children be forced to make payment? If her liability insurance does not cover all the other parties medical expenses, what actions might they take? If they take her to court and try to seek damages, could they sue and try to have US(other family members) to pay for these damages?
If she does not pay for her medical bills(She was in ER, ICU, had many tests Xrays, Cat scans and now has a HALO on for next 3 months) , what will happen?

Thanks so much in advance for ur help, and Happy Thanksgiving to you all.

 

[moburkes]

I'm not familiar with CA Laws, but if here liability isn't enough, the other parties can sue her. That may include her husband since she is married. They cannot expect any money from other relatives that have no responsibility in this situation. If she loses the lawsuit they will probably start garnishing her wages and/or going after what assets she has to pay their claims.

The hosptial will use their normal remedies to collect their money. Collections, lawsuit, garnishments, etc. also.

 

[stephenk]

are you talking about the other people being injured or your mom? If you are talking about the other people being hurt, have your mom report the accident to her insurance company. That is what liability coverage pays (injuries to other people).

if your mom was hurt she is responsible for her own medical bills.

If her husband was a registered owner of the car she was driving, he is liable as the owner only. Is he also on her insurance policy?

 

[annie509]

Reply To Posts

Ok, let's say the other parties sue her. She doesn't have any assets really, no house no car and she doesnt work. If they choose to sue my dad;he has a small company and receives wages from it. How badly will this be effected? They are immigrants from Taiwan... I don't know if this has any effect on the lawsuits?
usually, how long will the other parties decide if they want to pursue a lawsuit??

Will filing for bandruptcy help her situation, especially neither of my parents will even affoard the hospital bill of $96,000 alone?

Thank you for all ur help!

 

[stephenk]

Is dad also on the insurance policy? If yes, then the carrier will defend him and pay up to the policy limits for him. If no, he is only responsible up to $15,000 per claimant with $30,000 being the total he would have to pay.

the other people have 2 years from the date of the accident to file a lawsuit.

Has your mom reported the accident to her insurance carrier? If no, have her do it ASAP!