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View Full Version : If your child is injured at school, does the school pay the medical bills?


EllenFrasier
04-05-2011, 02:12 PM
My son was injured in gym class at school today. He got kicked in the hand and cannot move his thumb. Right now we are at the "ice and it and see what happens" stage, but he may end up in the ER for an x-ray. Does anyone know if the school will pay for the medical bills since it happened during the school day, or does our insurance pay for it? :confused3

Momejules
04-05-2011, 02:16 PM
I would think that unless there was some negligence on the school's part it would be something you would have your own insurance cover. Good Luck and hopefully the ice will help and you won't need the trip to the ER!

msmayor
04-05-2011, 02:18 PM
I know in our district, they offer a supplemental medical policy at the beginning of the school year to cover accidents in school if you want it; otherwise, you use your own insurance.

lpereira
04-05-2011, 02:20 PM
It would be your insurance. Injuries during sports, including gym, are normal. Also I'd go typo an urgent care center and not an ER because it's cheaper and quicker.

3boymthr
04-05-2011, 02:20 PM
If you do end up at the ER expect that you will get a letter/phone call asking about how and where the injury happened. Your insurance should pay for the claim unless you state that you are suing the school or the child that injured him.

mjkacmom
04-05-2011, 02:23 PM
Ours definitely does not. At the beginning of the year, we are encouraged to pay a small amount for insurance for our children, in case they get hurt at school, because the school is not responsible. We have good health insurance, so I never get this through the school, figuring our insurance would pay. ETA - I can't imagine going to the ER over a suspected broken thumb. Ds12 is a catcher, and has sprained his thumb many times, but I just wait a couple of days before bringing him to the ortho for xrays. I broke my pinky, and went a week before having it xrayed. It was found to be broken, and I got a splint (that's how I had been treating it on my own anyway).

Pigeon
04-05-2011, 02:24 PM
My dd was tripped by another kid in gym class last year and smashed her face on the gym floor. It looked like she might lose her front tooth. The school nurse sent home a form with us when I went to pick her up for any medical expenses not covered by our insurance.

I think that was their way of saying please don't sue us.

sam_gordon
04-05-2011, 02:26 PM
Our DD got hurt in gym class last week. We were told by office staff the school would pay for the medical bills. DW did take her to the ER so they could get X-Rays (had bent her wrist back, wanted to make sure it wasn't broken). DW turned in her insurance card to the hospital when they checked out.

Bottom line, we'll let you know in 6 months when we get the paperwork. :P

cinabug
04-05-2011, 02:33 PM
Really, school's pay for medical expenses after accidents? I've never heard of such a thing. It seems like schools would have to ban all contact activities in gym just to minimize liability if that were the case.

Marionnette
04-05-2011, 02:38 PM
My son was injured in gym class at school today. He got kicked in the hand and cannot move his thumb. Right now we are at the "ice and it and see what happens" stage, but he may end up in the ER for an x-ray. Does anyone know if the school will pay for the medical bills since it happened during the school day, or does our insurance pay for it? :confused3
Your insurance pays for it. And you pay the copays and deductibles. Injuries that do not occur due to negligence on the part of the school don't get paid by the school. And the parents of the child who injured him are not responsible either. It was an accident.

njmom47
04-05-2011, 02:42 PM
As I'm reading this and see the word negligence, since my daughter slipped on ice outside the gym door after a school basketball game, the school might have paid for the ER copay?

ccgirl
04-05-2011, 02:42 PM
Your insurance pays for it. And you pay the copays and deductibles. Injuries that do not occur due to negligence on the part of the school don't get paid by the school. And the parents of the child who injured him are not responsible either. It was an accident.

I would think this. If your child was hurt playing kickball in the street in front of your home who would pay? Unfortunately, accidents happen.

ilovemk76
04-05-2011, 02:52 PM
I would think that unless there was some negligence on the school's part it would be something you would have your own insurance cover. Good Luck and hopefully the ice will help and you won't need the trip to the ER!

ITA

The kids I know who were injured in school did not get the medical bills paid by the school. It fell under their own health insurance.

mousebymarriage
04-05-2011, 02:52 PM
I know in our district, they offer a supplemental medical policy at the beginning of the school year to cover accidents in school if you want it; otherwise, you use your own insurance.
That's exactly the same thing here in our school district.

Green Tea
04-05-2011, 03:01 PM
My kid got hurt in gym class and when I went to pick him up they gave me a form to give to the doctor to bill the school's insurance for the claim even though I have private insurance. It must vary.

disney*mom*82
04-05-2011, 03:06 PM
It probably depends on the district and it wouldnt hurt anyone to pick up the phone and ask. I know our schools offer their school insurance and are said to cover accidents while in school or school sports. But, my personal experience..

DD fell off bleachers once at school, broke arm, school didnt pay, but we didnt ask either.

DD fell off a piece of playground equipment, broke arm again (same playground equipment that I know 3 other kids broke a bone from) and the school called first and said she fell but is fine. She came home from school, and I could see something was terribly wrong. Went to ER and it was broke in 3 places. I called school next morning and informed them, they waited 3 weeks to call and check on her and that was it. Again, our insurance paid.

Neither of these times did I ask about them covering anything. But, since our DD3 always has a ton of medical expenses, we meet deductibile pretty quickly and it wasnt much out of pocket at all, under $100.

My bosses son broke his tibia in 3 places last week at school, tripped over a hula hoop they had on ground for a PE activity, as far as I know, they are paying OOP too, but they dont want to ask.

Anne34
04-05-2011, 03:15 PM
My daughter got hurt in gym class -- fractured the growth plate on her right ankle playing basketball. School didn't pay for anything. It was all our own insurance. When insurance asked for verification, I said school, but here school's don't pay.

EllenFrasier
04-05-2011, 03:22 PM
OP here. Well, it's on ice and not swelling so I'm hopeful it's just bruising. Not because of the cost, but because he's right handed! Just to be sure, we made an appointment for tomorrow at the place where he had his arm operated on when it was broken six years ago.
I wasn't trying to get something out of the school, not interested in suing or anything, I was just wondering if they had insurance to cover things like this.
My middle school child said he's playing the same game, "hand ball" in gym and he doesn't want to be goalie because they don't have any protective gear and he's afraid he'll get hit in the face. Nice game. :sad2:

GAGirlInVA
04-05-2011, 03:26 PM
OP here. Well, it's on ice and not swelling so I'm hopeful it's just bruising. Not because of the cost, but because he's right handed! Just to be sure, we made an appointment for tomorrow at the place where he had his arm operated on when it was broken six years ago.
I wasn't trying to get something out of the school, not interested in suing or anything, I was just wondering if they had insurance to cover things like this.
My middle school child said he's playing the same game, "hand ball" in gym and he doesn't want to be goalie because they don't have any protective gear and he's afraid he'll get hit in the face. Nice game. :sad2:

I think this is unbelievable.

torinsmom
04-05-2011, 04:03 PM
I don't think schools here pay unless there is negligence. With budgets the way they are, that would be a lot of money for schools to fork out. Kids get hurt all the time, usually it is tripping over themselves or someone else or falling off the play equipment.

OP, if they are playing sports without protective gear, I would make sure the school knows this. That could be considered negligence and they need to address it before they do get sued.

lori123
04-05-2011, 04:34 PM
My son was injured in gym class at school today. He got kicked in the hand and cannot move his thumb. Right now we are at the "ice and it and see what happens" stage, but he may end up in the ER for an x-ray. Does anyone know if the school will pay for the medical bills since it happened during the school day, or does our insurance pay for it? :confused3

When my son broke his arm at school we and our insurance paid for it. It was an accident - just a kid being a kid :) Sorry your son was injured!

Vijoge
04-05-2011, 04:40 PM
Our school district also offers an inexpensive accident policy that covers the kids both in and out of school for the school year.

richmond282
04-05-2011, 04:40 PM
I know in our district, they offer a supplemental medical policy at the beginning of the school year to cover accidents in school if you want it; otherwise, you use your own insurance.

This!

phred52
04-05-2011, 04:49 PM
Way back when I was in high school I bought the school lunch. There was a piece of metal in a french fry... I chomped down, had terrible pain.... ....I spit the bloody mouthful, including a broken tooth, into a napkin then ran to the nurse. Soon the principal wandered down to witness the stuff in the napkin. Long story short, the school's insurance paid for the dentist and new tooth.
It was awkard for my Mom as she also taught in the school system as this was going down.

DisneyMom2008
04-05-2011, 04:55 PM
My son was injured in wrestling practice which was at another school in the district. I have my own insurance and was not expecting them to pay. The hospital is the one who suggested calling the school to find out if they cover any of the expenses. I called and they said to submit to my insurance first and whatever is not covered they would pay. This helped because his bills are still coming in and are well over $10,000. He is still in therapy 3 days a week and it is $366 every visit. I guess it depends on the school district.

a1tinkfans
04-05-2011, 05:03 PM
My son was injured in gym class at school today. He got kicked in the hand and cannot move his thumb. Right now we are at the "ice and it and see what happens" stage, but he may end up in the ER for an x-ray. Does anyone know if the school will pay for the medical bills since it happened during the school day, or does our insurance pay for it? :confused3

Yes, contact the admin dept, explain that child was hurt during gym, etc. they will send you forms and will pay direct or reimburse you. Sorry child got hurt, hope it works out. Meanwhile, if the swelling does not go down, have an XRAY, breaks in kids, even slight can be worrisome in the future ;) You should also document the situation for the school regardless....

ExPirateShopGirl
04-05-2011, 06:03 PM
Just because there may be ice located on school grounds doesn't mean the school was negligent. If your daughter didn't see the ice how would anyone else be expected to?

Negligence comes into play when a property owner becomes aware of a dangerous condition and takes no action within a reasonable time period to correct the dangerous condition. Ice can form and melt quickly. Conditions can change rapidly in high traffic areas, too.



As I'm reading this and see the word negligence, since my daughter slipped on ice outside the gym door after a school basketball game, the school might have paid for the ER copay?

snowy76
04-05-2011, 06:36 PM
OP here. Well, it's on ice and not swelling so I'm hopeful it's just bruising. Not because of the cost, but because he's right handed! Just to be sure, we made an appointment for tomorrow at the place where he had his arm operated on when it was broken six years ago.
I wasn't trying to get something out of the school, not interested in suing or anything, I was just wondering if they had insurance to cover things like this.
My middle school child said he's playing the same game, "hand ball" in gym and he doesn't want to be goalie because they don't have any protective gear and he's afraid he'll get hit in the face. Nice game. :sad2:

Our older DS got his front tooth knocked in playing handball a couple of weeks ago! The tooth got dislodged and he has to wear a small set of braces on his front teeth for the next couple of months. The dentist thought the school might pay for it, but I work in a high school and I've never heard of such a thing :confused3 It was just DS playing hard - and ramming his face into another kid's elbow (or vice versa, either way it was an accident).

OP - goalies generally don't wear any gear in handball AFAIK. Sort of like soccer - not like hockey (and I don't remember us ever wearing gear for floor hockey in gym class anyway).

imsayin
04-05-2011, 06:52 PM
I would call the school and ask. When DD broke her arm at school, the nurse told me they have insurance & gave me a form. I used my insurance first, but the school's paid what it didn't (my deductible, etc.). I didn't pay extra for this insurance, the school just had it.

Niagara2
04-05-2011, 07:18 PM
DS was playing basketball and with a turn, went down and tore his ACL and both sides of the miniscus. Major surgery and rehap. This was last June. Happy to say he started to practice with the baseball team this month after being in PT and sidelined since last June.
The school has a supplemental policy.....our private insurance was first, and whatever co-pays or other not covered items there were are sent to the schools insurance company. I think we may have paid a token amount when we signed them up for sports for the coverage. It was well worth it for us as our private insurance had limited amounts of PT visits in a year and DS continued to go as needed under the school insurance.
Thank goodness for insurance...his medical care in the ER, tests, specialists, surgeon, physical theapy etc. reached into the tens of thousands of dollars in bills.

dixonismydog
04-05-2011, 07:41 PM
Eekk! Hope your son is feeling better. My DD11, broke her hand at school this week too. Slipped and fell at recess.:rolleyes:

Boston Tea Party
04-05-2011, 07:43 PM
My daughter got a level 3 ankle sprain at school. The costs were ours to bear.

I would not go to the ER. My son had a broken arm once and I took him to the ER. They just sent us to the PCP and then mailed a huge bill. I would just wait and go to the regular doctor in the morning.

3PrezGirls
04-05-2011, 07:50 PM
My dd broke her ankle a couple of years ago in gym class. Playing soccer, she and other girl went after the ball. She fell and landed on it wrong. Our insurance paid for the whole bill although I was told by the school nurse if our insurance didn't pay to let her know and the school's insurance would pick it up. I never went after the school for co-pays. Like many said accidents happen and it could have been anyone just happened to be my daughter. Just to add, we were asked by our insurance to fill out a form explaining the accident in detail. As far as I know they didn't go after the school for anything that was paid.

stmize
04-05-2011, 08:52 PM
I've had some experience with this. My ds was on a school field trip put of town and fell down some steps. Broken ankle. School ins paid my copays and deductibles. Had to submit bills and copy of personal ins eob s showing what my portion was
Dd has fallen twice at school this yr. Broke arm and broke foot. School didnt pay anything.

wdwmom0f3
04-05-2011, 08:59 PM
My DD was sent to the ER from school one day because she fell out of a desk onto her arm. :rolleyes: She was fine, it was just hurt, but we had to pay everything. I didn't even think to get the school to.

My other DD cheers for the school and we had to submit all of our Ins info in case of an accident. If you didn't have Ins, you had to purchase some kind of ins through the school or she couldn't cheer.

sunshine1178
04-05-2011, 09:47 PM
My step hurt her ankle and knee (separate incidents) in soccer this year. Totally our financial responsibility, according to the school. My insurance sees it differently. I suppose we'll have to see a lawyer. If the school had shown one ounce of compassion or remorse, I'd go after the insurance company. But they haven't, and so...

daisyduck123
04-05-2011, 10:10 PM
I know in our district, they offer a supplemental medical policy at the beginning of the school year to cover accidents in school if you want it; otherwise, you use your own insurance.

Same in my county.

tavettava
04-05-2011, 10:27 PM
They didn't want to when dd got hurt but they eventually did. Dd is autistic and was in a jewlery class (I tried to get her out of it because she is blind in one eye.) She was using a polisher and it grabbed her long hair and ripped a huge chunk of hair out of the top, she was totally bald on top of her head. Her head was also pulled toward the polisher and the piece that is pointy (the polishing wheel is screwed on it) went into her head and she had a deep puncture. We ended up going to urgent care. Said she may have concusion so watch her. Two days later she woke up confused and didnt know the day's, so off to er. Cat scan and neurologist didn't specialize in peds sent us by ambulance to the childrens hospital. She had a bleed, it went away on its own, thank god. She still has some memory loss, but its getting better and this happened a year ago at the end of this month.

ExPirateShopGirl
04-06-2011, 12:21 AM
Injuries are pretty common in contact sports. Most schools require parents to obtain insurance and sign waivers of liability in order for their children to participate.


My step hurt her ankle and knee (separate incidents) in soccer this year. Totally our financial responsibility, according to the school. My insurance sees it differently. I suppose we'll have to see a lawyer. If the school had shown one ounce of compassion or remorse, I'd go after the insurance company. But they haven't, and so...

jcanary
04-06-2011, 06:27 AM
My daughter got a torn ACL during a school basketball game. With all of the therapy, surgeries, etc, the school paid our deductibles. Now this was about 9 years ago but my husband coaches soccer at a public school and whenever someone gets hurt, even a twisted ankle he has to hand in paperwork that it happened during the school sport activity and the family of the child has to fill one out. I guess it must depend upon your school. but then if you don't inquiry after an injury you will never know.

maxiesmom
04-06-2011, 06:36 AM
My step hurt her ankle and knee (separate incidents) in soccer this year. Totally our financial responsibility, according to the school. My insurance sees it differently. I suppose we'll have to see a lawyer. If the school had shown one ounce of compassion or remorse, I'd go after the insurance company. But they haven't, and so...

Not sure why you expect remorse from the school. Sport injuries are common. If you are not prepared to deal with them, and expect the school to bend over backwards if your child is hurt, then you have unrealistic expectations. I highly doubt you will get anything from the school for a sports injury. You would have to prove they were negligent, and I bet they were not.

Didn't anyone have to sign a waver? I have a niece who plays soccer, basketball, and golf. You have to sign a waver for each sport.

If you are not prepared to deal with sports injuries, then you shouldn't have a child in sports. I know that with your child actually being a step child you probably don't have a whole lot of say. However you do need to be up to date on all of the school policies regarding sports and how they handle injuries, and who is responsible, and it sounds like you are not. It doesn't matter what your personal insurance thinks. There must have been some paperwork signed at some point(by your husband or his ex) explaining who has to pay. And it seems to be your husband's insurance.

ancestry
04-06-2011, 06:41 AM
In our school district we have to sign waivers for field trips and sporting activities releasing the school of any and all responsibility. In fact you have to either have personal insurance or purchase the school's plan in order for your child to play sports. The school makes it very clear they don't cover any injuries for the children unless you can prove gross negligence on the part of the school (i.e. the example someone gave about the piece of metal in the food, or not repairing a broken step, etc.).

Those of you who have been successful at getting your school to pay anything are very lucky!

ancestry
04-06-2011, 06:43 AM
My daughter got a level 3 ankle sprain at school. The costs were ours to bear.

I would not go to the ER. My son had a broken arm once and I took him to the ER. They just sent us to the PCP and then mailed a huge bill. I would just wait and go to the regular doctor in the morning.

I think it really depends on the doctor's office. Our PCP won't treat broken bones and they send you to the ER (opposite of what happened for you). Each office is different. Around here only the ERs or advanced Emergency Care Centers have the equipment necessary to diagnose breaks (i.e. x-ray machines, orthopedic doctors on staff, etc.)

fakereadhed
04-06-2011, 07:32 AM
If something's broken don't be surpised if your insurance doesn't try to collect from the school anyway. My DD16 was staying at Grandma's last summer and walked downstairs in the dark and missed the last step. They took her to the ER and her foot was broken. She has private insurance as well as additional insurance so everything was covered. The private insurance co has sent me three letters(not legal, but legal looking) trying to get me to disclose where the accident took place so they can have their insurance pay. I'm not turning in Grandma unless I get a legally binding letter! I did warn my mom and she said it happens all the time. Someone at their church got gear stroke during a car wash and since it happened on church property the woman's insurance company went after the church's insurance to pay, against her will. My mom says it's common practice for ER visits that are marked as injury. :confused3

aprilgail2
04-06-2011, 09:27 PM
My kid got hurt in gym class and when I went to pick him up they gave me a form to give to the doctor to bill the school's insurance for the claim even though I have private insurance. It must vary.

My daughter was fooling around and jumped off the bleachers and hurt her feet- we had to go to the urgent care place. The school gave us forms so their insurance would pay for it but I just lied and said she was jumping off the stairs at home and hurt herself and used my own insurance. I did not want the hassel of going through the schools insurance and if I said it happened at school my insurance company would have went after the schools and it would have just been a long drawn out mess. I paid my small co-payment and that was that.

Becky2005
04-06-2011, 11:07 PM
I think it's a "it depends on where you are at" type of thing. Last year my son collided with another student in gym class pretty hard (the other kid ended up with stitches in his head -- neither quite knew what happened) and it knocked out his adult front tooth and nearly knocked out a second one. Luckily, they found the tooth & we were able to save it but we don't have dental insurance. I actually hadn't even thought about asking the school to pay but I think it was here that I read about doing so.

I went ahead and filed a claim. I did have to get the Principal to sign, etc... It did take over a year and many, many, many times of sending in the bills but eventually they did pay it.

He also got kicked in the eye on the playground the year before but we didn't file anything wtih the school because that was his own fault & he was lucky he just had a huge black eye for months instead of losing his eye or anything worse. I was just happy it happened at school so I only had to deal with the questioning looks and "what happened?" outside of school.

The supplemental insurance here only covers before/after school stuff...it actually doesn't cover while you are IN school at least that is how I read the forms. So basically if you were on the basketball team and sprained your ankle it would cover that as the school wouldn't cover something along those lines.

sam_gordon
04-07-2011, 06:46 AM
The private insurance co has sent me three letters(not legal, but legal looking) trying to get me to disclose where the accident took place so they can have their insurance pay. I'm not turning in Grandma unless I get a legally binding letter!
What kind of legally binding letter are you looking for? And how are the letter 'not legal'? If your insurance company wants to be an a--, I'm guessing they could drop your insurance when it comes time for renewal (for not answering their letters).

WantToGoNow
04-07-2011, 07:53 AM
My ds broke his foot last year on field day - the 2nd to last day of school. He did this first thing in the morning (about 9:30) doing the long jump. The teachers said they thought he twisted his ankle and they made him continue all day. The nurse called me at 3:00 (school is over at 3:30) and said he hurt his foot, it was being iced but thought he would be ok. So I figured he hurt it early in the morning, it's now 3:00 and schools out in 30 minutes so I told them to go ahead and send him home on the bus. I knew as soon as I saw him trying to get off the bus. Took him to the ER and he had broken 3 bones in the top of his foot. I think there was negligence on the part of the teachers/nurse in this case because they didn't take the injury seriously.

fakereadhed
04-07-2011, 08:24 AM
What kind of legally binding letter are you looking for? And how are the letter 'not legal'? If your insurance company wants to be an a--, I'm guessing they could drop your insurance when it comes time for renewal (for not answering their letters).

They are the same type of letters they send me when I take my kids to the ER and they don't approve based on the dx code. Like the time I brought my son in on Memorial Day(doctor's office closed) when he was around a year old because his face was swelling shut and he had hives all over his body. They checked his oxygenation and considered putting a stint in his nose to make sure he could breathe since his face and throat were so swollen. They weren't sure if it was a severe allergic reaction to penicillin or his vaccinations so the called it "unspecified rash". Insurance company sent me a letter wanting me to agree in writing to appropriate use of the ER by signing the agreement they sent me. Took a while by phone to talk to a higher up and she explained that they will probably send more, but the official letters you have to sign for. Told me not to worry about it. She said they don't actually read the chart, they just have certain things that the computer flags and generates a letter.

girli565
04-07-2011, 08:58 AM
I am a teacher and at my school any student that plays a sport like basketball, baseball, or football must buy the supplemental insurance offered by the school. And if the student is taking a PE elective class they also have to buy it. It covers things like what happened to the OP's child. It's pretty cheap, I think this years was something like $40 for the school year (summer is an additional $10).

Becky2005
04-07-2011, 09:20 AM
And if the student is taking a PE elective class they also have to buy it.

Maybe that's the difference between places. Here PE is required every single year of school. It's a graded class in the upper grades and counts towards your GPA. In grade school they have it 2x day but also count recess as making sure they have something physically every day. In Middle School & up it's a daily class. You have no choice but to take it.

mjkacmom
04-07-2011, 09:26 AM
Maybe that's the difference between places. Here PE is required every single year of school. It's a graded class in the upper grades and counts towards your GPA. In grade school they have it 2x day but also count recess as making sure they have something physically every day. In Middle School & up it's a daily class. You have no choice but to take it.

PE is required here, too, and graded in the upper grades, but if you get hurt, you pay (unless you signed up for the insurance).

girli565
04-07-2011, 09:55 AM
Maybe that's the difference between places. Here PE is required every single year of school. It's a graded class in the upper grades and counts towards your GPA. In grade school they have it 2x day but also count recess as making sure they have something physically every day. In Middle School & up it's a daily class. You have no choice but to take it.

PE is required here, too, and graded in the upper grades, but if you get hurt, you pay (unless you signed up for the insurance).

PE is only required in 6th, 9th, and 10th (1/2 year) grades here. When it's an elective you have to buy the insurance. But they push it very hard on the kids in the required classes too. And if they play a sport afterschool it's required.

daughtersrus
04-07-2011, 10:08 AM
We had to take our district to court.

Our case is a little different. Our DD is severely disabled. She was in a "self contained" special ed class. At the IEP meeting, the school district pulled physical therapy completely from DD saying that it was no longer educational. We argued back and forth for some time. We were in the process of filing for Due Process. The school insisted that they would instruct her 1:1 aid how to do the proper stretches and range of motion before putting DD in a sitting position.

Needless to say, the aid was never given the instruction. She was putting DD into sitting without doing any of it even after they were told by DD's orthopedic that it was necessary. DD was ring sitting and started to fall to one side. Instead of helping her up from her shoulders or waist, the aid pushed down on DD's knee that went up in the air. Since she wasn't stretched and ROM wasn't done, the hip wasn't in the socket all the way and the muscles were tight. The aid ended up causing a spiral break in DD's femur.

The break required surgery to insert two titanium rods. The insurance investigated and sent us paperwork to fill out. They determined that someone else was at fault and refused to pay. The school district refused to pay because in IL there is something called the "tort immunity act" that protects public entities.

We were stuck with bills over $30,000 that no one wanted to pay. :scared1:

Finally our health insurance agreed to pay with a subrogation agreement saying that we would seek reimbursement from the school district.

Because I had saved the communication note book that goes back and forth from home to school, we were able to prove that the school district employees had specific knowledge that what they were doing (or not doing in this case) could cause harm to our DD. Had I not saved the book, we wouldn't have had the proof.

It took a few years but we ended up settling out of court. The lawyer ended up with the most money since he took his 1/3 off the top. We had to pay back the insurance for the $30,000 that they paid and DD got very little that was put into a Special Needs Trust for her.

It's been 6 years and DD still has the rods in her leg. If and when she needs surgery on that hip, they will take them out then.

When DD was able to return to school, she was placed out of district in a school run by United Cerebral Palsy being paid for by our local school district.

tlbwriter
04-07-2011, 10:20 AM
If something's broken don't be surpised if your insurance doesn't try to collect from the school anyway. My DD16 was staying at Grandma's last summer and walked downstairs in the dark and missed the last step. They took her to the ER and her foot was broken. She has private insurance as well as additional insurance so everything was covered. The private insurance co has sent me three letters(not legal, but legal looking) trying to get me to disclose where the accident took place so they can have their insurance pay. I'm not turning in Grandma unless I get a legally binding letter! I did warn my mom and she said it happens all the time. Someone at their church got gear stroke during a car wash and since it happened on church property the woman's insurance company went after the church's insurance to pay, against her will. My mom says it's common practice for ER visits that are marked as injury. :confused3

I'm glad you posted this. I said the same thing on a different thread and was told that I was wrong, that an insurance company will not go after the owner of the house where an accident happened. Even though I had heard of it happening too! :rolleyes: