[samwoo2go]

9 months ago.
so my grandpa (87) was having a stroll in the neighborhood back in April 09. my neighbor's car backs out of the driveway and hits him while he was on the sidewalk. My neighbor denies hitting him and said he saw him and stopped. The police came and and took a report but the report said he is senile and have inconsistent story. He looked fine at the time and so we took down that guys insurance info and stuff and took him to the hospital for a check up anyways to make sure. His check up was fine besides some scrapes. So all is dandy, we gave the hospital his medicare and medical info and we are on our way. Its been 9 months since the incident and I have long lost my neighbors insurance info.

Today
My grandpa just got a bill for the full amount of 9K from the hospital for his visit because medi-medi declined his bill because they don't cover anything when there is a liability (the other guys insurance) involved.

Now from a legal standpoint.
1) Is it too late to file a claim with this guy's insurance company?
2) How should I file this claim since it was car vs ped and there is only 1 insurance company? what if my neighbor is being uncooperative?
3) If the insurance company reject the claim, would medi-medi pay for it now since technically there is no more liability?

Most important
4) Lastly, in the case that insurance rejects and medi-medi rejects. My grandpa has zero assets under his name, he has no income besides SSI and live in government subsidized retirement homes. How can they collect from him if he doesn't pay it? Him and my grandma both has no estate, no property, no savings, nothing. Can they come after family members? Will they be able to deduct from their SSI?

[jlaw]

Statutes of Limitations vary by state but a quick google search shows that negligence in CA is 2 years. Your situation is one that should definitely be handled by an attorney and I suggest you find one. More than likely they would take the case on a contingency basis.

[ideliver]

In any situation where someone else is responsible to cover the injury...injury at work, slip and fall at wal-mart..ect...

the MEDICAL insurance companies will deny coverage...its contractual...you must go to the neighbor's insurance for payment...i hope that you filed a police report...

this is why the FIRST question the registration clerk asks...was this the result of an injury/accidnet

[jkcali2ooo]

My girlfriend is in law school and worked at an externship involving legal aid. If your grandfather has limited to no income as you stated then look for a legal aid clinic and tell them you have a elder law issue. They can offer their services for free in your county. If there is no legal aid clinic in your area then go to another city. Google legal aid clinics for more information. Good luck and I hope everything works out.