Question
Is an insurense company liable for injury?
I took a friend house hunting and was walking thru the house looking also and the furnace crate gave in causing mre to get hurt.I hired a lawyer but awile went by and he didnt file at the court house so i fired him and called the insurense co.myself and after sending him the dr.bills etc..he tells me they will only pay my dr.bills and that was all they were resposible for.What should i do about the situition. Pain and suffering as to what had happened.more and likely the smart a.. answer i got was an insurence agent hope you the worst...
5 months ago - 4 answers
Best Answer
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The claim adjuster is right on this one. Just because you got hurt on their property doesn't automatically make the owner (or their insurance company) at-fault for your injuries. The policy has Med Pay coverage of normally no more than $1000. This coverage applies regardless of fault. The problem you have is in order to get any $ for pain & suffering you have to prove that the homeowner was negligent in some manner and caused your injury. This means that the homeowner has to know the furnace grate was a hazard. The other problem you have is that the grates normally are not designed for standing on or walking on. Most of the grates are placed close to the wall in areas that people normally would not walk. So if you are walking on the grate you could be considered at-fault for walking on something that wasn't designed for that. What do you now? You only have one other choice. Talk to another lawyer and explain the entire thing to them. Let them decide if you have a legit chance at winning in court. If they think you do then file a lawsuit if they don't then drop the whole thing. Good Luck
Source(s)
Claim adjuster for way too long who has handled similar type claims.
5 months ago
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Other Answers
Paying your DR's bills is covering what they are liable for. What else do you expect them to do? Just give you free money for nothing?
by Michael- 5 months ago
They are liable for reasonable payment for your injuries, i.e. doctor's bills, etc. If you were physically scarred, traumatized, paralyzed or rendered unable to walk, move or function normally as a result of the accident, and this impacts your future earnings potential, you should claim that as well. As for 'pain and suffering' the insurance company won't pay out unless there is a court case, as the jury has a deciding factor in how much you could be awarded.
by PiggiePants- 5 months ago
Insurance companies are NOT liable. The people they INSURE might be liable, and then they pay out. The medical bills payment is a "no fault" coverage under the policy - usually it's limited to $250 or $500, and it ONLY covers medical bills. If you want any pain & suffering, then you have to actually SUE the homeowner. You will have to PROVE that they were negligent - that they knew that the furnace crate (not sure what this is) was defective, and that people usually walk on it, and that they didn't do anything to keep people from getting hurt when they walked on it. If it's not something people normally walk on/step on, and you were climbing on it, then the homeowners ISN'T going to be found negligent - which is why your lawyer didn't file suit. When you get lawyers that won't sue - usually that means that you don't have much of a case.
by mbrcatz- 5 months ago