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 Posted: Wed Aug 25, 2010 5:03 pm Post subject: Help- Neighbor fell in driveway! |
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I had my back to the street speaking with a guy replacing my husband's windshield & we heard a thud. I turned around & saw my across the street neighbor had walked partially up my driveway & fell. We are friends, so she may have been coming to ask about what we were doing, but she said nothing to let us know she was approaching. It was raining & she had on flipflops.
Neighbor is late 60's, history of falls, has had shakes for weeks since dr is changing her medications around. Glass guy called 911 & I went across street to get neighbor's adult daughter. Hospital is running tests to be sure no broken bones, but I just spoke to daughter & she said Mom is doing fine.
How liable are we?
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kaydee
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| Posted: Wed Aug 25, 2010 6:32 pm Post subject: |
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I'd say 0% as long as there were no defects in the driveway.
You probably also have medical payments coverage on a home owners policy that could address any medical bills the other person might have. You may want to see if she has any medical bills and go from there. |
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tcope
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| Posted: Wed Aug 25, 2010 11:14 pm Post subject: |
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I concur, no negligence, and great that you had a witness (glass installer)! As T said, if no defects in your drive way, medpay should be the only thing that comes into play if that...Honestly (although non-adjuster types might consider it harsh) a 60 something lady with a history of falls, and the shakes, has no business in flip flops EVER, most certainly not out in the rain.. 
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Lori
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| Posted: Thu Aug 26, 2010 3:27 am Post subject: Update & reply |
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My thanks to both of you! I did call my insurance agent right away, just in case & he didn't think we'd have an issue.
I looked at every driveway on our street, including the neighbor who fell. Almost with no exception, there is a slight height difference between the actual driveway & the sidewalk portion that abuts it- as if the sidewalk portion has slightly sunken.
The emergency room ran all sorts of tests- nothing broken or sprained. And I agree about the flipflops!
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kaydee
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