Tennessee / Canada legality - injury compensation and medical bills
April 13, 2024 7:10 AM Subscribe
My friend is a Canadian who was hit by a drunk & homeless cyclist in Tennessee earlier this year, and was severely injured. Neither party had insurance.... so what happens with potential criminal charges, injury settlement, and the hospital bill?
The cyclist flagrantly broke a traffic law and hit my friend at high speed, causing a life-changing injury. Multiple witnesses agree that the cyclist was 100% at fault and appeared intoxicated. Turns out the cyclist is also homeless, with a revoked driver's license (and a predatory criminal history).
My friend was travelling without insurance, and is severely injured, with outcomes that will be life-changing and income-limiting for years, and possibly permanently. Friend is now back in Canada, still recovering.
Not sure about how cycling accidents are handled in TN, thus not sure what the legal outcomes will be, if any.
Three main questions:
1. What are the possible outcomes in terms of compensation? If there were compensation, where would that money come from, since the cyclist is homeless and presumably not insured?
2. Asking delicately... What can happen if a Canadian has a very high US hospital bill that they can't afford?
3. Any advice on how my friend could find a good lawyer in TN who might take on this case without a retainer up front?
The cyclist flagrantly broke a traffic law and hit my friend at high speed, causing a life-changing injury. Multiple witnesses agree that the cyclist was 100% at fault and appeared intoxicated. Turns out the cyclist is also homeless, with a revoked driver's license (and a predatory criminal history).
My friend was travelling without insurance, and is severely injured, with outcomes that will be life-changing and income-limiting for years, and possibly permanently. Friend is now back in Canada, still recovering.
Not sure about how cycling accidents are handled in TN, thus not sure what the legal outcomes will be, if any.
Three main questions:
1. What are the possible outcomes in terms of compensation? If there were compensation, where would that money come from, since the cyclist is homeless and presumably not insured?
2. Asking delicately... What can happen if a Canadian has a very high US hospital bill that they can't afford?
3. Any advice on how my friend could find a good lawyer in TN who might take on this case without a retainer up front?
Your friend may want to look into the Tennessee crime victims’ compensation fund - it doesn’t indicate that the victim needs to be a local resident.
posted by lisa g at 9:23 AM on April 13 [5 favorites]
posted by lisa g at 9:23 AM on April 13 [5 favorites]
For the medical bills, did your friend have travel health insurance? That should kick in. If not, they should check with their provincial health system. Ontario, unfortunately, does not cover it anymore (as of 2020.)
posted by warriorqueen at 9:42 AM on April 13 [2 favorites]
posted by warriorqueen at 9:42 AM on April 13 [2 favorites]
Was a bicycle or motorcycle involved? I think we're all assuming motorcycle, but your wording is ambiguous (unless I missed something)
posted by pullayup at 9:46 AM on April 13
posted by pullayup at 9:46 AM on April 13
(OP is anonymous so may not be able to answer, but I assumed bicyclist. At least where I live in the PNW, “cyclist” means bicycle rider, and “biker” means motorcycle rider.)
posted by lisa g at 9:58 AM on April 13 [7 favorites]
posted by lisa g at 9:58 AM on April 13 [7 favorites]
Sorry, that was a reading comprehension fail. But! If they booked their travel on particular credit cards (e.g. TD First Class Travel Infinite) they may have been covered. It’s worth looking into.
posted by warriorqueen at 10:24 AM on April 13 [3 favorites]
posted by warriorqueen at 10:24 AM on April 13 [3 favorites]
In terms of medical: I have friends who were in this exact situation. After receiving the bill in the mail from the hospital, they wrote a letter to the hospital saying they were unable to pay, due to financial hardship. They never heard from the hospital again.
posted by miles1972 at 10:52 AM on April 13 [5 favorites]
posted by miles1972 at 10:52 AM on April 13 [5 favorites]
Depending on the US hospital there may also be a charity care program of some kind where they assess someone for eligibility and essentially write off the bill. Keep any documentation as sometimes they "forget" . Every hospital does this different so it is worth asking and trying to apply.
posted by AlexiaSky at 1:31 PM on April 13
posted by AlexiaSky at 1:31 PM on April 13
2. Province of residence dependent. Alberta example: "Only the cost of insured emergency physician and hospital services received outside of Canada will be eligible for reimbursement under the Alberta Health Care Insurance Plan (AHCIP). Emergency services consist of insured services rendered in relation to an illness, disease or condition that is acute and unexpected, arose outside of Canada, and requires treatment without delay outside Canada."
posted by Iris Gambol at 2:14 PM on April 13
posted by Iris Gambol at 2:14 PM on April 13
It does vary by province.
Many are extremely low numbers.
Alberta;
Hospital services outside Canada
Hospital-services rates are the maximum that is reimbursed for all services provided to a patient, such as room and board, nursing, laboratory and X-ray services, medical supplies, and prescription drugs.
The rate for in-patient hospital services is $100 (Canadian) per day, not including the day of discharge.
--
Saskatchewan for example;
3. Out of Canada Physician and Drug Plan Services
Emergency services
Your Saskatchewan health coverage pays for eligible services at Saskatchewan rates. Prior approval is not required.
Saskatchewan Health provides limited coverage for emergency medical care from approved hospitals outside Canada if the same services would be covered in the province.
Saskatchewan Health will pay:
Up to $100 CAD per day for inpatient services;
Up to $50 CAD for an outpatient hospital visit.
--
Quebec;
We reimburse the cost of hospital services received as a result of a sudden illness or an accident. The preset rates are as follows
A maximum of CA$100 per day of hospitalization
A maximum of CA$50 per day for healthcare received at a hospital outpatient clinic
Example;
Hospitalization in intensive care for 3 days in Florida for a heart attack
Hospital services
Amount charged: CA$25,000
Amount reimbursed by RAMQ: CA$300 (CA$100 per day)
Amount for which the patient is responsible: CA$24,700
Professional services
Amount charged: CA$1,000
Amount reimbursed by RAMQ: CA$435
Amount for which the patient is responsible: CA$565
-
It's one of the reasons Ontario said fuck it. It's not worth the time to process the paperwork for such low amounts
:
posted by yyz at 2:52 PM on April 13
Many are extremely low numbers.
Alberta;
Hospital services outside Canada
Hospital-services rates are the maximum that is reimbursed for all services provided to a patient, such as room and board, nursing, laboratory and X-ray services, medical supplies, and prescription drugs.
The rate for in-patient hospital services is $100 (Canadian) per day, not including the day of discharge.
--
Saskatchewan for example;
3. Out of Canada Physician and Drug Plan Services
Emergency services
Your Saskatchewan health coverage pays for eligible services at Saskatchewan rates. Prior approval is not required.
Saskatchewan Health provides limited coverage for emergency medical care from approved hospitals outside Canada if the same services would be covered in the province.
Saskatchewan Health will pay:
Up to $100 CAD per day for inpatient services;
Up to $50 CAD for an outpatient hospital visit.
--
Quebec;
We reimburse the cost of hospital services received as a result of a sudden illness or an accident. The preset rates are as follows
A maximum of CA$100 per day of hospitalization
A maximum of CA$50 per day for healthcare received at a hospital outpatient clinic
Example;
Hospitalization in intensive care for 3 days in Florida for a heart attack
Hospital services
Amount charged: CA$25,000
Amount reimbursed by RAMQ: CA$300 (CA$100 per day)
Amount for which the patient is responsible: CA$24,700
Professional services
Amount charged: CA$1,000
Amount reimbursed by RAMQ: CA$435
Amount for which the patient is responsible: CA$565
-
It's one of the reasons Ontario said fuck it. It's not worth the time to process the paperwork for such low amounts
:
posted by yyz at 2:52 PM on April 13
Mod note: Message from the OP: the accident happened due to an out of control bicyclist hitting a pedestrian
posted by jessamyn (staff) at 8:45 AM on April 14 [1 favorite]
posted by jessamyn (staff) at 8:45 AM on April 14 [1 favorite]
You are not logged in, either login or create an account to post comments
Criminal charges, an injury settlement, and hospital bills are basically 100% independent of each other.
The cyclist may or may not be prosecuted for OUI or assault or something, and your friend may be able to file some kind of victim statement that would make prosecution more likely, but if there is a conviction that would just mean that the cyclist gets punished, not that your friend gets compensated.
To answer your specific questions:
1. It's very unlikely your friend will be compensated. They could sue the homeless cyclist and maybe even get a judgement against them but that doesn't make the homeless cyclist have money to pay the judgement. Like, I guess maybe if the homeless cyclist is secretly a millionaire or is about to win the lottery? Suing the cyclist would be very unlikely to pay off, and therefore (skipping ahead):
3. It's also very unlikely your friend will find a lawyer to take on the case because 1) there isn't really much to be done and 2) there's no realistic way for the lawyer to get paid (usually the lawyer's payment would come out of the settlement, but since there's no money to pay a settlement, there's no money to pay a lawyer).
The less bad news is:
2. It's probably possible to just not pay the hospital bill. It would be difficult and costly for the hospital to collect on the debt now that your friend is back in Canada. Unless your friend has a need for a good US credit history it's unlikely that your friend would experience much in the way of consequences if they defaulted on this debt. That said, medical debt is basically always negotiable, and it might give your friend peace of mind to contact the hospital billing department and negotiate a reduced amount and/or a payment plan.
Since the person responsible for your friend's injuries is almost certainly incapable of providing any compensation, it's basically no different than if your friend had gotten struck by lightning or attacked by a bear or something like that - there's just no one to go after.
posted by mskyle at 9:12 AM on April 13 [6 favorites]