QUESTION
Daughter was injuired at her Elementary School by another student .Why did her school's insurance company not cover her medical bills?
Asked on Apr 04th, 2013 on Personal Injury - Florida
More details to this question:
Approximately 7:40 am on last Wednesday my daughter and some children were leaving out of the cafeteria. They were talking and playing unsupervised. As one of the girls broke away from the group she pushed my daughter into a brick wall causing her two front teeth to chip!!! I was at work when I recieved the phone call from the school's nurse explaing the incident. I took my daughter to the emergency room and then to the dentist. She was scheduled for the next morning as an emergency walk in. She is covered under my State insurance but I don't feel that my insurance should have been charged. But in the case that they were billed I should have been reimburst. I was told by the Superintendent's Office that if they do anything it would be to pay my co pays because my daughter did not have School liability Insurance. I asked my daughter's principle about this so called insurance and she said the School District mails out an insurance packets to residents. I have never recieved a packet.
1 ANSWER
Personal Injury Law Attorney serving Miami, FL
Partner at
Law Offices of Kirshner, Groff & Diaz
3 Awards
Schools are not required to carry medical payments coverage, which pays benefits regardless of fault (I am not referring to health coverage they may make available for parents to purchase).
The school will only be liable if they were negligent in failing to adequately supervise, care and protect the children. This could include failing to tale precautions if they had reason to know the child that injured your daughter was a danger to other students. Another example: If there is rough-housing going on which the teacher ignores and a child is injured, that could be negligent supervision. If however, without warning, or reason for the school to know, one child pushes another child, that would be a hard claim to prove up as negligence. As for the at-fault child, it is possible his/her family's homeowner's coverage would come into play (if they have such coverage). There are many factors which an experienced personal injury lawyer will consider in determining what if anything can be done.
Answered on Apr 10th, 2013 at 5:21 PM
Jonathan Groff is an AV Preeminent, rated Personal Injury attorney representing clients throughout Florida. (305) 661-3633; Mobile, (305) 302-8807