My 3 year old fell out of a swing(not age appropriate) and her medical bill is $1,109 the daycare provider says I knew that she didn't have liability insurance at the daycare.Is she still liable for my childs medical bills?
2007-02-27 07:09:05 · 8 answers · asked by fahnechia 1 in Society & Culture ➔ Community Service
I don't know the legalities of whether or not she's liable, but the insurance has nothing to do with it. Liability insurance is something you buy so that when you do have a liability, your insurance company will pay it. Her not having any does NOT remove her liability. Perhaps paying your daughter's medical bill will inspire her to get some.
2007-02-27 07:14:23 · answer #1 · answered by madeyouuptohurtmyself 1 · 2⤊ 0⤋
I'm a in home daycare provider, and states requires that every daycare must have insurance. If the daycare stated it in their contract that their is no liability insurance at point of sighing the contract and that you are responsible for your child medical bill in writing, then that's the case (sorry), (they really cant be in business). Check the contract that was signed before being harsh to the provider. If It has nothing stating liability insurance, she can still be sued do to that your daughter was in her care at that time. Sorry for what happen but good blessing to you and your daughter.
2007-02-27 07:26:59 · answer #2 · answered by shell g 1 · 0⤊ 0⤋
It will actually depend on the State that you live in, most States require day cares to be insured and licensed, if your child receives an injury at the daycare and it needs medical attention the daycare would be responsible for the medical cost if you are in a State that requires it, and if you are and the day care isn't licensed then they can be subjected to some heavy fines and closer.
Genrally speaking if they are required by law to provide Insurance they will pay the bill to avoid fines.
2007-02-28 13:39:48 · answer #3 · answered by Marla D 3 · 0⤊ 0⤋
I am a Director of a Child Development Center, and I agree with one of the other participants who answered your question. I will expand on what they said, however. In each state, whether an in-home daycare or a large center, the licensing department of that state requires the provider to show proof of insurance before a person or corporation can open a center. The best way to find out about her insurance is to contact your local licensing agency, usually affiliated with the Department of Human Services or government agency (they are called different things in different states), It is illegal for a daycare or child development center to operate without valid insurance on any space that children occupy, whether it be in the building:on the playground: in a vehicle. I would contact your local licensing agency. All center records are a matter of public record and they are required to share their information with you. In any case, she is liable for the safety of your child when in her care, and she could loose her operating license if she is not following proper guidelines.
2007-02-27 11:35:29 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Is this a home run daycare? If so then her homeowners insurance should be held responsible. At any rate, she is personally liable because an injury occurred due to her negligence! If she will not pay.. contact an attorney. Legal Aide should be able to help if you cannot afford a lawyer. Good Luck.
2007-02-27 07:16:30 · answer #5 · answered by getrd2go 6 · 0⤊ 0⤋
The liability exists independently of the existence of insurance. If the provider was negligent, liabillity exists.
2007-02-27 07:14:10 · answer #6 · answered by Anonymous · 2⤊ 0⤋
Unless the contract you signed had a waiver addressing this issue, I would say the daycare is responsible.
2007-02-27 07:15:13 · answer #7 · answered by Dawn G 6 · 0⤊ 0⤋
yes. she was not watching ur child. take her tail to court. shes 3 she needs to be watch better.
2007-02-27 07:14:26 · answer #8 · answered by kitttkat2001 5 · 1⤊ 0⤋