car wreck with third party

[brandiegiuffre]

What is the name of your state (only U.S. law)? AR

I need some advise. This is a one of a kind situation. Sorry its kinda long to beable to explain.

My daughter was at her dads during summer visitation. She was with SM and their two kids (dad not present) in their vehicle and they were hit by a drunk driver. DD was the only one who had injurys (tooth knocked loose, black eye, etc). Just so happens that the drunk driver was not driving her vehicle. The insurance comp on the vehicle will not pay DD's medical bill because the driver did not have permission to be driving vehicle. The driver had insurance on her vehicle (why she wasn't driving her vehcile, no one knows) and they are saying that they are not responsible because they don't cover any other vehicle that is not on the policy. To make matters worse - later found out that SM's insurance had lapsed so there is no insurance to fall back on. Also - later found out that DD (5)and one of their kids (3) were not in carseats and DD had been told 'you can't tell anyone or we (SM and DD) will both get into trouble and have to go to jail'. This was admitted to me by dad and SM.
Several times I have had issues with SM saying that she is DD's mother etc. but never anything major (in the past - pagents, etc. not major medical, school type of stuff). When I was finally able to get a copy of the police report, I found out that SM listed DD address as theirs and told the police that all 3 kids were hers and refused medical treatment for DD (they wanted her to go in ambulance, she refused and chose to drive her there herself - they finally showed up after 2 1/2 hours).
Now because of the issues with the insurance not paying - dad and SM have hired a lawyer on behalf of DD to sue the ladys insurance company (listing both of them as her parents - i.e. they get the check even though medical bill/missed work to care for her etc. is in my name and I am responsible for its payment). I have legal decision making (dad has no rights to make legal/medical etc decisions). Can I contact the lawyer and demand a copy of the file and fire him on behalf of DD?

From everything that I can find - since dad was not present (and really it wouldn't matter since I have decisions over legal matters) I have to be the one to handle this and he can't file lawsuites/ collect money/ etc on behalf of DD.

Is this right?

 

[TinkerBelleLuvr]

First of all, is Arkansas a with-fault insurance state, or a no-fault state?

 

[brandiegiuffre]

I;m sorry but I have no idea. I have never even been in a wreck so I have never had to deal with anything like this.
I just waited to see what was going to happen with the insurance and believed SM when she kept telling me that they weren't going to be able to get anything but the medical bills paid. Then people kept telling me that there was no way that was right - drunk driver, clearly at fault. Basically that SM and dad were going to be getting a quite large check of DD.
I started thinking then everything made sense - SM asked me not to contact the lawyer because he was really busy and was just still seeing if he could make a case and he would contact me before filing anything on behalf of daughter. That they had only signed a contract on behalf of their 2 kids and SM. Sounded funny but i just blew it off. Then I called the hospital to get a copy of DD's bill and they told me that her 'mother' had called and had them fax a copy to her lawyer.

It all started comming together that they were trying to do all of this behind my back. I might not would worry about it but - she didn't even have DD in a carseat. She wouldn't have had the injurys she did if she had been - now theyre gonna collect money on her behalf - i don't think so! Not when that could be the starts of a college fund!

 

[Farfalla]

You and the father do not have joint legal custody?

 

[brandiegiuffre]

we do but because of past problems - i have final decision making authority. basically he cannot do anything without me signing off on it first.

 

[brandiegiuffre]

the papers state that he is to have 'meaningful imput' into any decision that is made - but I get to make the final decision.

 

[TinkerBelleLuvr]

I suggest getting ahold of the attorney tomorrow morning and sending the court papers. That will eliminate the SM from DD's case.

 

[brandiegiuffre]

I am wanting to hire a totally different lawyer. The lawyer they have hired does not have a good reputation and I want to use someone else. Can I just go there, request the file, and terminate his representation of DD?

 

[Farfalla]

I am wanting to hire a totally different lawyer. The lawyer they have hired does not have a good reputation and I want to use someone else. Can I just go there, request the file, and terminate his representation of DD?

As Ginny said, you need to get an attorney and have him/her handle this.

Remember that father who tried to file about having his child say the pledge of allegiance.

It was eventually thrown out of court because the court said that the custody agreement gave him no right to file a law suit on behalf of his child that the mother had to do it. Since you do not have joint legal custody, you might be the only person who can file such a legal case. You need to have an attorney look at the wording of your court papers who see exactly what rights you and DD’s father have in this situation.

And at the very lest you need to get the court papers to the SM/Dad’s attorney to get SM out of the picture. I’d send the same papers to the hospital and anyone else who believes that SM is the mother of your child.

 

[brandiegiuffre]

That is what I thought - that he couldn't file a lawsuit on behalf of DD because I have final say on any decisions.

Planned on going to the lawyers office tomorrow to tell him I will not be needing his services on behalf of DD - but always like to run things by the people on here. advise is always very accurate and helpful.

 

[Humusluvr]

That is what I thought - that he couldn't file a lawsuit on behalf of DD because I have final say on any decisions.

Planned on going to the lawyers office tomorrow to tell him I will not be needing his services on behalf of DD - but always like to run things by the people on here. advise is always very accurate and helpful.

Since you are going to retain your own lawyer - why don't you let HIM handle everything.

I'm thinking you want to have the "Ha! Told you so Step mom" factor here - but don't be petty. Just get your daughter's med bills paid.

From your posts, it sounds like its about the check, not your daughter's health....

 

[brandiegiuffre]

I don't want any money. The only thing I am asking for is DD med bills paid.
What I said about the money was that they were trying to play it off with the lawyer that he had a right to receive the money (if there was any) and he doesn't. I don't want any money, and if she does receive anything, I will request(if it is not done automatically) for it to be put into a trust for college.

Its not about the "ha told you so step mom" (I forget the acutal wording of what you said), its about what is right and what is wrong. Its about the fact that I was never even consulted about this and I am the one that has to sign off on things like this and it was being done behind my back. And I am the custodial parent! I consult him on everything from school, medical, and even cheerleading.