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car accident/medical bills

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cmarks

Junior Member
What is the name of your state? NJ

So my sister (17 at the time) got into a car accident about a year ago. Her friend who was driving made her flee the scene of the accident,because she was on a provisional license, which you aren't allowed to have more than one passenger in the car. So my sister's name never made it on the police report.

It turns out my sister had a concussion, and had to goto the emergency room. The father of this girl made an agreement to pay the bills, then made my mother sign a contact stating that he would pay the two medical bills at that time, but she wouldn't sue to seek any further damages.

A few months ago she had recieved another bill from the hospital relating to my sister's emergency room visit. Being that it was due to a car accident we can't foward it to our insurance company, because it will be denied. We also can't go through his insurance because my sister's name isn't on the police report.

My mother called him to let him know that there was another bill that came in, and when he saw the amount of the bill he refused to pay it saying it was too much.

I'm unsure about the contract and it's exact wording, because my mother is trying to find it. I know that the contract and it's wording is probably the most crucial part of the case. I don't know much about law, or contracts, but I do know that he did pay the first two medical bills, wouldn't paying that show his intent to cover the cost of any medical bill relating to this incident? Would we have any shot at collecting ONLY the medical bill expenses in a small claims court, because that is all we want.

Please let me know what we can do. Thank you in advance!What is the name of your state?
 


Zigner

Senior Member, Non-Attorney
It sounds to me like mom signed a release for the other guy. If that's actually the case, then sis may be out of luck.
 

ecmst12

Senior Member
Mom may have signed something but sister didn't. And sister is the one with the claim. Now NJ is a no fault state so PIP should be available under sister's car insurance, or if she doesn't have any, then your parents' car insurance.

Her name does not have to be on the police report in order for her to file a claim. But she's going to have to go through her own coverage first anyway. And obviously all the lying she has done is not going to help her case.

Sister might want to consult a lawyer, to see what the best way to get her out of the hole she's dug herself as far as her claim goes.
 
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