Bills from an accident...do I have to go after a little girl's parents?

[otc]

I was in a bike accident about 2 weeks ago. A little girl (my unreliable estimate is 11 at the oldest) ran in front of me without looking and there was zero time to react so I hit her and went down. Girl was fine but I had to take myself to the ER.

I have reasonably good insurance so the ER visit and subsequent stitch removal/broken hand treatment are probably not going to be very expensive...but I also hit my teeth and was referred to a dentist. The first visit was only $250 which might get covered by my health insurance (since it was related to the accident and I was instructed to go to a dentist by the doctor) and if not, a % of it can get covered by my dental insurance. My teeth were structurally sound but now one is turning gray and I am pretty sure they will tell me that I need a root canal at my followup visit this week....root canals sound expensive.

If the bills start to add up...I feel like I need to talk to the girl's parents. She was at fault for sure--she was aware of this and apologizing profusely and the random jogger who stopped to help after he saw it happen knew this as well--but her parents were not there. I have the phone number of a woman who was either the mother/nanny of another child she was out with who could presumably put me in contact with the girl and her parents.

The nurse wanted to file a police report in the hospital but the chicago police basically said "we have better things to do than to send someone out for a bike accident...come by the station if you really want to file" and while the girl was at fault, its not like it was intentional--so I just left it alone.

If the bills come and seem like too much, what do I do? Obviously, I've already had to take time off work and had a bunch of plans ruined by being in a cast...and now I have an ugly tooth (the top front one...right in the middle of my smile) that will probably need a root canal and maybe extra work to get it to a color that matches the rest of my teeth...I feel bad asking the parents to pay for anything but its not really my fault that their little girl was negligent and might leave me stuck with some big bills.

 

[CouttsClient]

How were the parents negligent?

Accidents happen

 

[otc]



How were the parents negligent?

Accidents happen

The parents weren't (unless you are overprotective and think she shouldn't be allowed in the park when her friend and friend's mother/nanny are more than 50 feet away) but the girl was negligent and the parents and/or their liability insurance are responsible for her actions.

 

[CouttsClient]



The parents weren't (unless you are overprotective and think she shouldn't be allowed in the park when her friend and friend's mother/nanny are more than 50 feet away) but the girl was negligent and the parents and/or their liability insurance are responsible for her actions.

Don't be so sure.

 

[Neo_Version 7]

I know you're hurting but you said it yourself, she's 11.

The last thing she wants is to be traumatized for life by some du with a weird tooth and one arm.

 

[kasper007]



The last thing she wants is to be traumatized for life by some du with a weird tooth and one arm.

Unless her parents don't have insurance and have to cover the bills personally, i really don't think it'll have any long-lasting influence on her. when i was 17 or 18 (i can't remember), my friends little sister who had just received her license gave us a ride and didn't realized i hadn't gotten out and rode on my foot. i couldn't work for the last month on my summer job (of which i really needed the money, being a student and all) so i had to go "after her" since she was at fault. Now, the system where i live (Quebec) is much kinder (personal injuries from car accidents are covered under a provincial plan funded with driving license fees), but given the majority of Americans have insurance, i imagine the process to be similar and it was really a formality for her, just had to sign an affidavit and that was pretty much it. so if you're gonna have significant expenses, i would at least inquire with the girl's family.

 

[Blackhood]

I would speak to the parents; find out if they have insurance and what the damage to them would be. If you feel like you'd be taking more than they can afford, then suck it up. If they have good insurance and it wont leave them starving, then make the claim.

 

[Neo_Version 7]

I wouldn't be opposed if he had filed a claim on the day of the accident but to file one almost half a month later seems borderline inappropriate to me.

 

[otc]



I wouldn't be opposed if he had filed a claim on the day of the accident but to file one almost half a month later seems borderline inappropriate to me.

How was I supposed to know I was going to need expensive dental work? Accident was half a month ago but my tooth wasn't turning black until yesterday (and if I get a root canal and the color doesn't change, getting it to match the rest of my teeth will probably be deemed cosmetic and not covered at all).

I wanted to avoid bringing them into this...but now that I have dental issues, everybody is telling me I should go to the parents. Girl was 11 at the oldest but she had an iphone and was out in a nice area of town....I don't think I'd be bankrupting these people.

I don't really want to make the phone call...but at the time of the accident I thought I was in better shape than I actually was. I know its awkward to call now (and really, I don't go back to the dentist and the orthopedic surgeon until thursday) but I can't really afford to eat $1000+ in medical bills if they start to add up just because I feel bad that it was a little girl. If the girl was 16 and changed lanes in her car without looking and caused the same injuries, everyone would be expecting them to be on the hook without question.

 

[Usul]

I'm confused by this talk of insurance. Do most people carry personal liability insurance?

 

[Neo_Version 7]

^^ But the thing is, she isn't 16. She's an eleven year old child. They are known to run around and act like well, children. I'm not saying she isn't to blame but the fact that you misjudged the shape you were in doesn't absolve you from this fiasco either.

 

[Davidko19]

Drain her college fund, maybe she'll learn her lesson

 

[NoNothingGuy]

Dude, you drilled a little girl with your bike in a park. I hardly think she is at fault. You take a risk when you do things like ride bikes in public spaces. Were you on some kind of special "bikes only" path? Isn't it your responsibility to ride defensively?

I am just playing Devil's advocate, but think about it from her perspective. If she had been injured, I am sure you're the one who would be at fault. Count your lucky stars and pony up for your dangerous hobby.

 

[ter1413]

I can't believe that I am agreeing with Neo on this.....
OP, you keep saying that "I don't really want to make the phone call." Well, keep letting each day go by and see how the parents react to you. I would tell you to show me the police report or buzz off...
And I also agree, how are you so sure that the parents have liability insurance?

 

[Harold falcon]



The parents weren't (unless you are overprotective and think she shouldn't be allowed in the park when her friend and friend's mother/nanny are more than 50 feet away) but the girl was negligent and the parents and/or their liability insurance are responsible for her actions.

No. This is incorrect.

You haven't said your jurisdiction, of course, I mean why would you? It's not like laws vary from state to state in this country or anything so what's true for someone in Maine is just as true for someone in Hawaii.

But I'll try to decipher your post. You mention the Chicago police, so it's possible this happened in Illinois. I don't like making assumptions, but if that's the case then you are **** out of luck. Illinois Code 740 Sec. 115.3 allows for a civil suit against the child's parents but ONLY if the child's act was willful and malicious. This was negligence, which does not rise to the level of willful or malicious. I do not know specifics of Illinois law, so if you really intend to pursue this bullshit claim of yours you should speak to an attorney locally. But you should not proceed on your ridiculous idea of a lawsuit, it is the very definition of abusive use of process and you should get countersued and have to go to debtor's prison, and any attorney considering taking your case should be disbarred.

You're a shameful man. Grow up and take responsibility for your own actions.

EDIT - Also, there's no widely available type of insurance that would cover something like this. Homeowner's insurance would only cover an incident that occurred on the Parent's property, not in a public park. Nobody gets General Liability Insurance that covers them for just walking down the street.

Further EDIT - In fact, rereading your original post it appears you were at fault in this accident. You were riding a bicycle through a pedestrian area of the park and collided with a pedestrian. You are probably presumptively negligent, just like when a car hits a pedestrian it doesn't often matter if the pedestrian was at fault. Be thankful the girl wasn't injured or else you'd be on the hook for your negligence in riding a bicycle without watching where you were going. Do you have bicycle insurance?