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[westbroc90]

My son was injured at a daycare last month. The school will not disclose their insurance carrier, they have 80+ students, and I have ambulance bills and ER bills. The violations are clear and their negligence was the sole cause of the injury. Can I get the information without filing a lawssuit? CCLD is telling me that they don't have this type of info., and that is not their place but when someone applies for a large preschool commercial license, shouldn't they have to prove liability coverage, I just want his bills paid. Not only that, but the school is making me go through their business attorney for any requests. I asked her whyy she was involved because she doesn't practice civil or criminal law and she said I don't know. In th month that they haven't provided we kept investigating and they were written up for 4 more serious violations, wouldn;t there carrier have wanted to intervene earlier? Is the business attorney's interuption, she has no place as the carrier would be paying bills, malpractice?
Facts

After the investigation was completed by me and the state separately I researched and found that Type A violations must be reported for 12 months to current and enrolling students parents. This school had a Type A violation 10 months prior and turns out never told anyone. Their violation was from lack of supervision causing injury. Lats month my son who is documented as having a peanut allergy came into contact when, at 8:00 a.m. the teacher allowed students to grab whatever they wanted form their lunches to "transition." (quiet down. This is outside of snack time and a child grabbed their PB and honey sandwich. Long story short my son touch peanut butter, the preschool waited 30 minutes to even contact us (even though our medical protocol said to call pediatrician or emergence right away) and our son's eyes were swollen shout once my wife called paramedics. The reaction required an IV on site and the docs. said that he looked the way a child would if they went into anaphylactic shock, thankfully he didn't.

The violation cited was lack of supervision causing injury, the same one that was never disclosed when a child broke his arm while being allowed to play tackle football at the after school program. CCLD says that failure to notify is a Type B violation, but what if that failure to notify was the same as a subsequent violation causing injury. Had we known that the school had a lack of supervision violation that would have been enough to make us go elsewhere. Also the State found that the school had undocumented interns from a high school acting as "aides" allowing higher ratios of teacher to children. Parents don't know what's going on and I assume that with our son's injury parents will not be notified, the fine is like $200.00 for failing to notify whereas losing business is $440.00 per month per child. Can I do anything? Does the state have an obligation to make sure that notices go out after serious violation? Any advice would be great because I feel like the licensing agency is just passing this complaint through. I don't want to sue them but I also don't want any other kids hurt becauce fines and no action let them slide.

[mace]

Here's the best thing to do: Virtually every county in every state has something called a "Lawyer Referral Service" where you can pay a lawyer about $35-$50 for 1/2 hour of his services. The person on the phone at the service will try to connect you with a lawyer knowledgeable about the particulars of your case. You can get a lot of critical legal information in 1/2 hour with a lawyer.

Our family has used this service 4 times in 3 different states (CA, NJ and PA) and it was always, always worth it. It's too easy for us non-lawyer types to overlook a critical piece of information, so start with your county's (that's c-o-u-n-t-y, not 'country') lawyer referral service so that you'll know that you're on the right footing.

[hob97]

When you sue, their insurance provides the preschool the defense, and depending on the case they will settle.


if you dont want to sue, then move along.

[clem84]

IF you want their insurance information you have to sue them.

[hackett]

You are not entitled to their insurance information. Even if you had it, you cannot "submit a claim" under another party's insurance. Only the policyholder can initiate a claim. If you feel the school is at fault, request reimbursement of the medical expenses. If they decline, your only option is to sue.

If the school has regulatory violations, that is a matter for regulators to pursue - not you. You can report suspected violations but that is the limit of your enforcement capability. Who is "we" that has been "investigating"? You say you "just want the medical bills paid" but your posting reads like that a person with a vendetta.

[gowan]

http://www.healthcentral.com/allergy/c/48542/64257/peanut-debate

Ok, your son got hold of a sandwich, ate it and subsequently got the allergy that cause him to go to the ER and be treated. I have heard so much debate out there on tv, internet etc of schools having to make sacrifices for all kids there to appease the parents. Other than the school literally checking all food brought in or making sure there is no peanuts at all that your child could "accidentally" eat could be impossible.

The school may not have medical payment coverage on their insurance policy. It is not required and medical payment coverage pays regardless if the school is negligent or not. So for the time being, you will have to pay the bills till they make their decision.

If as you say they have had all of these violations etc that you have spent a lot of time researching, then I suggest you sit down with a lawyer to discuss and see if in fact they have been violating all of these charges. A good lawyer will tell you if you have a case or not, or just to move on.

We are not lawyers, cannot give legal advice, so my suggestion is to set an appointment with a lawyer to see if this case has any validity or not.

[geol19]

If you are unwilling to sue, then the insurance information is useless. Even if you get the insurance information, the insurance company is not required to pay unless you sue and win.

[lamarr3]

They don't HAVE to disclose information, and you can't DO anything with it, anyway. You cannot file a claim, on their policy. Even if you file a lawsuit, you do not get that information.

You have to sue them.

Carriers don't "intervene". It's MOST likely that they have no "medical payments" coverage on their policy, and you will have to prove that they directly caused the injury. If it's an abuse or molestation issue, any judgement for that isn't covered, under insurance - only defense costs.


Will you win? I don't know. You have a documented peanut allergy, however, the ALLERGY is what caused the medical bills, and they didn't CAUSE the allergy. At the very least, an attorney will be able to give you an idea, in your state, how responsible a daycare is, for a PEANUT allergic reaction.