by Autotechboy44 » Wed Jul 23, 2008 06:58 pm
My cousin was at a gathering at a friend's house. The back deck is where the incident happened. By the way none of them were drinking. My cousin was going down the deck stairs on the right side. The house is very old and was built 1935. I don't think the friend ever did much if anything to the house when he purchased it. Well the right side railing gave and my cousin fell over and broke his arm. The friend told my cousin to claim against his h.o insurance. So finally after the adjuster investigation was complete. They sent my cousin a letter saying they are going to deny liability because the friend didn't know about it. My cousin thought he could have settled without a lawyer. He doesn't want to retain one because he doesn't want the lawyer to have to file against his friend and have to face his own friend in court and ruin their friendship. The friend and my cousin took photos of where it occured and from the photo the right side is going outwards. What should he do?
Posted: Fri Jul 25, 2008 03:28 pm Post Subject:
I'd bet there are _plenty_ of attorneys around who would take the case for 33% of any bodily injury settlement and not take anything of the $5k med pay.
Posted: Sat Jul 26, 2008 11:33 am Post Subject:
He can cash that 5k draft before he even talks to an attorney, he should already have that!
Posted: Mon Jul 28, 2008 10:44 am Post Subject:
But wont taking that 5k be a settlement which ends the claim forever?
Posted: Mon Jul 28, 2008 10:47 am Post Subject:
Absolutley not...the med pay coverage has ZERO to do with any liablity at all...if I walked into your home and tripped over my own feet I would be entitled to the med pay...if I got poison ivy on your property....one has nothing to do with the other.
Posted: Mon Jul 28, 2008 01:37 pm Post Subject:
Once he get the 5k. He will only need 5k more to cover the medical bills and out of expense he had to pay up. So will the lawyer get him the 5k? But than he will have to pay the lawyer fee as well so how would all that work?
Posted: Mon Jul 28, 2008 09:40 pm Post Subject:
Well the lawyer (no lawyer) is going to go for only 5k! He will try and get a whole lot more than that! And the attorney will (in most cases) take 33 and a third percent of his final settlement.
Posted: Wed Aug 06, 2008 03:24 pm Post Subject:
In my opinion the friend should be understanding of the fact that the fall occurred at his residence and he should be willing to do what's necessary to get proper coverage for the person with the broken arm.
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