by Guest » Wed Dec 10, 2008 11:59 am
Hi
My 10 year old son was playing at our neighbor's house when he hurt himself. A portion of wood from the steps leading to their 2nd floor came loose and fell on my son hurting him in the shoulders. The doctor said there was a hairline fracture and we got him treated immediately. This incident happened 2 weeks back. I paid out-of-pocket. A friend of mine reminded me after all this happened that my neighbor's home insurance was supposed to pay for this. But I wasn't in a state to think about the money then. However, now when I think of it, I want to know can I still ask my neighbor to pay for the treatment? My son still needs to get nursing for his wounds and is still undergoing treatment. But I was also wondering since my neighbor hasn't for once offered to pay out of his liability, does that mean he does not have a home insurance? I am a little confused regarding what to do. I can do with any help.
My 10 year old son was playing at our neighbor's house when he hurt himself. A portion of wood from the steps leading to their 2nd floor came loose and fell on my son hurting him in the shoulders. The doctor said there was a hairline fracture and we got him treated immediately. This incident happened 2 weeks back. I paid out-of-pocket. A friend of mine reminded me after all this happened that my neighbor's home insurance was supposed to pay for this. But I wasn't in a state to think about the money then. However, now when I think of it, I want to know can I still ask my neighbor to pay for the treatment? My son still needs to get nursing for his wounds and is still undergoing treatment. But I was also wondering since my neighbor hasn't for once offered to pay out of his liability, does that mean he does not have a home insurance? I am a little confused regarding what to do. I can do with any help.
Posted: Wed Dec 10, 2008 12:38 pm Post Subject:
Shanon there are two coverages that might apply, one for sure, medpay is a coverage with a limit (usually 1-10k) that pays for ANY injury on your property (medical bills only) regardless of liability or negligence, you can trip over your own feet, get poison ivy, whatever, and medpay will pay...so that will pay period regardless of if there was any negligence on the part of the homeowner...the other coverage is general liability and would cover a pain and suffering claim...that will pay ONLY 'IF' the home owner was negligent in some way..i can't tell from your post if they were or not, and if you care to go into EXACTLY what the problem was that caused your boy to fall we can see if we 'think' there was negligence.
If they own their home, and have a mortgage on it, then they have to have homeowners coverage, and both of these coverages I mentioned are standard coverages, if they rent and have a renters policy same thing...if they don't have a policy, well then they don't. I'm not sure by your post if you are wanting a 'pain and suffering' settlement on top of the medical bills paid or just the medical bills...you might let us know about that and your reasoning behind that desire...were it me I'd likely just want the med bills handled/paid and call it good...
After knowing the answer to that important question we can better advise you...remember too that depending on what you are wanting this is more than likely going to create some friction in the neighborhood, but at the same time, they should've offered up to pay for the med bills unless it was just your boy being clumsy...and they like most people probably didn't even know or understand they have med pay...
let us know and we'll see if we can't be of more help
Posted: Thu Dec 11, 2008 09:07 am Post Subject:
Shanon there are two coverages that might apply, one for sure, medpay is a coverage with a limit (usually 1-10k) that pays for ANY injury on your property (medical bills only) regardless of liability or negligence,
If we take that it was only a freak accident and the boy fell down, will the homeowner insurance pay in that case? Or, the OP is required to prove negligence on part of the homeowner? I used to think that the homeowner is required to take the responsibility if an accident happens in his/her premises even when it's the visitor's fault. Am I wrong?
Posted: Thu Dec 11, 2008 10:59 am Post Subject:
If we take that it was only a freak accident and the boy fell down, will the homeowner insurance pay in that case?
yes, for medpay doesn't matter what happened and no negligence is required for medpay...trippin' over your own two feet on someones property you can still draw medpay...Or, the OP is required to prove negligence on part of the homeowner?
only for the liability coverage to kick in (pain and suffering etc) med pay covers med bills only...I used to think that the homeowner is required to take the responsibility if an accident happens in his/her premises even when it's the visitor's fault. Am I wrong?
yes and no...they (homeowners policy) i guess you could say arerequired to take the responsibility
but it's only med pay that would apply, again no negl. required for medpay, just on the property..i've even paid medpay for poision ivy...but again, that is med bills ONLY for any 'pain and suffering ' etc...that has to be under the general liability coverage and DOES require negligence/liability on the homeowners part.Add your comment