Dallas, TX asked in Personal Injury for Texas

Q: How do I file a medical payment claim on someone’s insurance if they won’t provide their insurance information?

My son was injured at a neighbors house and required surgery and he is refusing to file a medical payment claim or provide me with his insurance information so I can file the claim. What should I do? I’m not looking to file a liability claim. Just a medical payment claim.

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2 Lawyer Answers
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: Just because your son was injured at your neighbor's house creates no obligation on the part of your neighbor (or his insurance company) to pay for your son's medical treatment.

You need to file a lawsuit against your neighbor describing why your neighbor is legally responsible for the injuries your son sustained. It would be best to retain a competent, experienced personal injury attorney to assist you. Such an attorney can explore possible legal theories of recovery based on the facts and circumstances which caused your son's injury.

Your neighbor would typically then submit the lawsuit to his homeowners' insurance for a defense. In any event, if your neighbor has insurance, he would then be legally required to disclose his insurance policy to you. If it is determined that your neighbor is legally responsible (i.e. liable) for your son's injuries AND the claim is covered by the insurance policy, the insurance company will likely make an offer to settle your claim or be ultimately compelled to pay up to the limits of the insurance policy for your son's damages.

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: Your neighbor probably regards such a claim to be no less harmful to their interests than a straight up liability claim. If a homeowner's policy will cover such a claim, the insurance carrier can count that as a claim against their insured, whether it's liability or only medical. Good luck

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