Personal Injury

[cyndi2mb]

What is the name of your state? South Carolina
Not sure if this is the right place to post!!

My daughter went with her friend to the store. While loading the friend's purchases in her car my daughter picked the bag with a glass candle and as she was taking it out the cart her friend had bent down to get another bag my daughter hit her in the mouth by accident breaking her tooth half off. Now the mother of the friend wants my daughter to pay the entire dental bill (my daughter is 16) and now the bill is over a thousand bucks out of pocket. Her insurance has paid 80% since it was accidental so this one tooth has cost over five grand to fix. I want to offer to pay half the bill but only if I could see exactly what it cost her. Do I have that right to see what was paid to the dentist.

Thanks in advance

[las365]

You certainly have the right to ask to see the bill. She doesn't have to produce it unless compelled by a Court. Have you asked to see it yet?

Your daughter's friend's mother could sue you as the person responsible for your daughter, but I don't know that she would prevail. While your daughter may have been negligent in the way she handled the bag, her friend was arguably equally or more negligent in not staying out of the way.

This sounds like a pure accident to me, with a very difficult determination of whose negligence was more the cause. It sounds like a reasonable and fair solution for you to pay half, even though I think it's unclear whether you are legally obligated to do so. Hopefully the mom will cooperate by showing you the bill.

[SF439]

You're not liable since it was an accident. The only time you are responsible for the actions of your child is when it's malicious/intentional, this wasn't. It was an accident. Your daughter cannot be sued as a minor. If she sues just go to court and your daughter testify that it was just an accident.

[cyndi2mb]

Update: I had court today, I lost but what really makes me ANGRY is the fact that I am now having to pay for COSMETIC veneers $1730.00 cause the judge refused to hear me explain that this procedure was optional & not part of the damage from the broken tooth. I was not gonna argue with him cause we all know where that leads. So now I don't agree with this but I don't know what I can do all the judge would say is her out of pocket expense.

Total to fix the broken tooth $1191.00 insurance paid 80% out of pocket was 239.00 I told the judge I would agree to pay $119.50 but since the mother had the veneer done & insurance did not cover any of this because of it being cosmetic her out of pocket was $1969.00 so the judge ruled me to pay half her out of pocket expense.

If anyone has any advice I would love to hear it. Thanks again

[cyndi2mb]

And also she told the judge that it was ACCIDENT that she knows my daughter would never intentionally do that!!!