My daughter was hit

What is the name of your state? California
My daughter (age5) was hit while crossing the street in front of an elementary school in February. Her hospital bills were negotiated and paid according to our insurance co. and the remaining owed was agreed on to be paid by the insured drivers insurance co. but they are not paying and the bills are over due. I call them and they say they are awaiting for the detailed accounts of her injuries from the hospitals. This has been almost ten months! Should I hire a lawyer? Thank you.

was your daughter at fault in the accident? maybe thats why they are waiting.

My daughter ran out into the street in a crosswalk area in front of the school after school was out (4:15pm). The driver was not looking at the road(she was trying to look for an address) and she was speeding(she left 6 feet of skid mark when she stopped). I feel they were both at fault although my daughter is only 5 and was in a crosswalk. What do you think?

Insurance companies like to draw out the process, usually when they have to pay for something. I was in an accident 8 months ago and they still have not re-imbursed my insurance company for covering the costs. In Oregon, you have two years from the date of the accident to take action, if you don't then it will be to late. I think that is why insurance companies try and hold out until we make legal threats. On a second note, I believe that as a driver you need to be on high alert in school zones, especially around crosswalks where children have been told that they should cross. If she was paying attention to the road, she should have seen the potentional situation and slowed down even lower then the posted speed limit. Small children are known to be impulsive and drivers should be extra causious. Good Luck.

Hire a PI attorney and sue.

first, six feet of skid marks does not indicate the driver was speeding.

Second, why was your 5 year old crossing a street alone? Wasnt anyone escorting her? Even my 8 year has to ask permission to cross the street in front of our house.

It may not be such an open and shut case as you see it. Plus, is your daughter still treating for her injuries? If yes, the carrier will wait until she is recovered before discussing any type of settlement.

I was at my car across the street from the school. I had just put something in my car, closed the door and turned around to see her calling for me and running across the street. She was supposed to be inside the school with the girl scout troop. It was impulsive. She did not have permission to cross, but she did without thinking.
She is healed and okay except for an adversion to Oreos because she threw them up in the ambulance from the head trauma. She was thrown 30 feet when the car hit her.
Thank you very much for your replies.