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09-02-2018 10:22 AM
This happened when my father njured himself in a store. We got a form from the health insurance to fill out. My father was completely at fault for his injury so when I filled out the form I just left everything vague and said over and over that it was his fault and not the business.
The homeowner's insurance will probably settle it in some way.
09-02-2018 10:28 AM
Don't know the answer but everyone should have a big liability policy for just such an incident. We have one in addition to our home owners policy.
We do too.
So can you add 1million dollar liability policy per occurance for coverage?
This lady is already at $300,000 in claims and will need another surgery.
It's too late to do that maybe, but your insurance agent should have talked to you about that before. Yes, the policy is in addition to homeowners. Most people who own land have that because someone could be on your land, even trespassing in some cases technically, and get hurt, or for accidents like this, etc.
You may need a new insurance agent when this is over. I hope others will chime in here who know more than I do! So sorry for this happening to you!
09-02-2018 10:42 AM
I'm just going to make an educated guess but if her medical bills are that high already - the medical payments coverage has been exhausted and they are now into the bodily injuury coverage and unless they have extremely high limits that will soon be exhausted too.
09-02-2018 11:10 AM
A few years ago I was putting groceries into the trunk of my car and the trunk fell on my head. The mechanism had broken. I was in a lot of pain and went to the ER. My car insurance company was billed for the ER which surprised me. I thought my medical insurance would pay the bill.
09-02-2018 12:31 PM
@Ms tyrion2 wrote:
Because insurance is a legalized racket and their primary goal is to not pay out on a claim. If they can get the other party's insurance to pay, so much the better.
Each state determines a lot of this. As others before said, there is a prescribed order of coverage. Medical payments coverage is paid regardless of fault. It's often a fairly small amount. $5000 Is common. Once that coverage is exhausted, health insurance kicks in.
I don't see any attempt to avoid payment. The different carriers are just handling the claims in proper order as prescribed by the state.
No, Not "wrong". You have your opinion and others have theirs... Perhaps you're limiting your discussion to this case, which makes sense, as this is the instance under discussion here. I'm basing my opinion on the larger experience, whereby companies will both craft a policy and then glean it when claims are made to avoid paying, citing exclusions that the average customer would have no understanding of when they took out the policy... In too many cases, customers thought they were covered but are denied based on the 'fine print' that they likely didn't even know existed and that their agent probably didn't highlight for them...
09-02-2018 01:36 PM - edited 09-02-2018 01:38 PM
@Abrowneyegirl Because she (the person with the injury) informed everyone regarding her care that it happened at someone elses' house and therefore, the homeowner had to pay.
3 years ago my then 9 year old fell while at a friends house; he fell off their deck while playing with his buddy. Their deck includes a slide that has almost a foot space between the slide and each side of the deck fence; he fell through that. Fractured shoulder and a concussion were the results; it also pulled him out of sports for the fall season (the kids LOVES sports). Trip to the hospital, x-rays, had to see an orthopedist, had to wear a sling, was out of school for a week or more due to concussion.
You know who paid for it? We did. Why? It was an ACCIDENT while at a play date. We didn't tell the hospital it was someone else's fault (it wasn't). It was HIS actions that caused him to fall; so why should the homeowners pay for it?
When I hear stories like yours, I often wonder if people do this a a precursor to suing or if they have a high deductible or if they simply don't want to spend the money (when they have the insurance). Even if they don't have the insurance, it was THEIR fault via THEIR actions; why make someone pay for your clumsiness?
Being honest, I think less of a person for doing this and yes, it would end the friendship.
09-02-2018 02:01 PM
EVERYONE who owns property, has assets, or even FUTURE assets should investigate an Umbrella Liability Insurance policy IN ADDITION to thier auto/home coverage.
1) The minimum coverages on most polices may not cover hospital bills, surgery, FUTURE surgery if needed, loss of future income,etc for the person who has the injury.
2) In MY town (also Pennsylvania) the local paper has a "police blotter" where they print all the arrests and court cases and how they are charged/convicted. it is AMAZING to me how many DUI's are out there, AND, how many are aslo ticketed for NO required insurance coverage.
THEY have nothing in most cases. But YOU may. or, what if YOU hit someone and they sue YOU? THere are a LOT of opportunistic people out there today,and a lot who perceive that in some way, people who DO "have" things got them in unfair ways.
3)A Personal Liability Insurance policy ( know as an "umbrella" policy), is NOT that costly. Shop around. I have 2 Million additional coverage for 230.00 a year.
Why? I have assets, a paid for home, a new SUV, a pension, future SS payment and healthy savings. SOME savings are exempt from SOME lawsuits (401K and IRA) but why take a chance for @4.00 a week?
Note.....You MAY have to adjust some of your auto coverage limits too, and that may increase your auto policy a bit.
EVERYONE knows about the cost of medical care today. 300,000 basic coverage can be consumed in no time flat....then who pays if the injured party sues for more or needs additional surgery or lost or future income? YOU WILL.
4) Another note: A liability policy is discoverable. That means IF you were to be sued, the party suing's lawyer WILL discover you have additional coverage. However MOST claims will be less than one's liability policy or up to it's
limits....because their lawyer uses a formula to detemine the settlement, and will advise to take it or maybe you will get less.
God help you if you have a DUI that injures of kills someone. There is not enough insurance to cover for that. If some drunk hits me, which may be likely where I live seeing the second and even THIRD offenses listed, I will sue them out of existence, and would expect the same if I hit them while drunk
. The irony? If they only have money to buy beer, I won't get anything. But at least I'm covered thru my own policy.(Uninsured motorist) for my own injuries or damages.
Don't drink and drive. EVER. Don't text and drive. Don't tailgate. Don't put your foot thru the accelerator when the light turns green because you are counting on that guy in front of YOU to continue thru the light and not stop short. Watch when making left turns across traffic. Slow down and maintain your distance.
When you drive,.....THINK about what you can lose if YOU cause an accident..
Lawsuits are NOT a matter of being polite or someone's friend. That sentiment left the building 25 years ago. Don't be naive or say "I couldn't do that". Because that OTHER guy IS going to do that.
I do NOT work for an insurance company. I just realized one day how much exposure I'd have IF the worst happened, and spent an hour listening to my agent and learned a LOT.
Check into an Umbrella Policy on Tuesday when your insurance agent's office open. I recommend sitting down and talking to them about what you DON"T know. That's the time to do it....BEFORE you need it.
09-02-2018 02:20 PM
That is absolutely correct. Whenever you incur any type of fall or injury on another persons' property, be it a private home, store or company, that persons' insurance is responsible first to pay any and all medical costs if needed. If that homeowner did not have insurance or not adequate coverage, then your private medical would kick in.
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