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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118653
Experience:  20+ Years of Employment Law Experience
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Our 12 year old daughter was injured at public school during

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Our 12 year old daughter was injured at public school during a scheduled recess period. She fell off the monkey bars. The injuries resulted in a fractured elbow, which required reconstructive surgery. I used my employee provided insurance benefits for the emergency room visit, surgery, and physical therapy. I just now received a letter from my insurance company asking for claim information with the school district so they can file for reimbursements.

Are we entitled to file an insurance claim against the school district? Is this something I can do myself? I am not sure I want to prove negligence, but mainly would like the medical bills covered. What is our recourse?

Thank you,

Jeff
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

I do not know why your insurance is asking for the school insurance information, since school insurance coverage provided is considered secondary insurance meaning they would be liable to pay what your primary insurance did not pay. However, you are entitled to file a claim with the school district for anything your insurance did not cover and you can provide the information to your insurance for them to try to file a claim.

The only way you would have an actual legal claim against the school would be if their insurance policy states it is primary coverage, which would be very odd, or if the injury occurred due to negligence of a school employee in which case you would have grounds to sue the school for negligence and they would have to cover if the court finds the injury could have been prevented if it was not for that negligence (as you mentioned).

You are entitled to file an insurance claim with the school insurer as a secondary claim and the school has to provide you the insurance information to file that claim.



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