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Elisabeth L | My friend was severely injured while babysitting at her neighbor's house. Should homeowners insurance pay? |
My 46-year-old friend was babysitting for her neighbors, in her neighbors' home. The family dog knocked my friend down the stairs, causing my friend to break her jaw and wrist. She has spent many days in the hospital and will require lots of reconstructive surgery, to say the least! Medical bills are already piling up. Shouldn't her neighbors' homeowner's insurance be covering this? They have not offered to contact the company and my friend does not know how to proceed. To make matters worse, the neighbor whose dog caused the injury is an insurance agent!
Additional Details
She was not being paid for the babysittiing. The homeowner (insurance guy) called, at the last minute, to say he needed my friend to come over to do him a "favor" and watch his kids, so he could take his wife out to dinner for her birthday. Does this influence the situation? Also, my friend's health insurance is refusing to pay her emergency room bills because the only orthopedic doc on duty was "out of her network". No new (in-network) docs will now take on her case, because they say it is too complicated. She has had to "eat" through a straw and her weight has fallen below 100 pounds (she is 5'6"). Friends and family have been doing their best to help her with her kids/housework, etc. Because she is not able to drive, her husband has had to take time off from work to take her to doctor's appointments. These people are her next-door neighbors and are fully aware of what is happening, but haven't even called to check on my friend or offer help in the 3 weeks since the incident. |
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David M
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Two parts of a homeownwers policy handle situations like this. Medical Payments and Liability Insurance. Medical Payments does just that. Pays for medical expenses for injuries to anybody who is injured in a home whether there is negligence or not. Because one does not have to prove fault there is a lower limit on Medical Payments (typically between $1,000 and $5,000). For the liability part one has to prove fault by the homeowner before that will pay, but there's also a much larger limit involved ($100,000 to $1,000,000 or higher). When fault is pretty obvious and the demand is not ridiculous most insurance companies will settle out of court. The fact that the homeowner is an insurance agent and hasn't offered any of this up leads me to believe they are a turd. I would suggest that the injured party ask their neighbor for the phone number of their insurance carrier or their insurance agent and threaten to bring in a lawyer if they don't. Then if they give up that information, call the company or the agent and try to reach a reasonable settlement. If they don't give up that information or the company balks at a reasonable settlement, then call that lawyer. |
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negaduck
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I think that being in the insurance business, the neightbor should understand the need to get this taken care of properly. |
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Mezmarelda
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As with all insurance policies, it all depends on the coverage the neighbor has bought and paid for. Otherwise they are responsible personally in any court in the land and will have to pay out of their own check book. |
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src50
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If it happened as you say, their homeowner's insurance should pay, but she may have to sue. |
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Alissa
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Thats exactly why they have homeowners insurance. I don't know how they should go about it but I think your friend needs to contact her neighbors and ask them for their insurance information so she can start a claim right away |
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thai
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Yes, I would think her homeowners would pay for it.
She just needs to talk to the homeowner/insurance agent. |
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Dr. Deth
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I would say they have to pay and if they don't agree to cooperate, she should hire a lawyer |
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stepfordmom75
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Section 2 of an H3 contract covers liability. Limits will vary based on what the homeowner purchased for a policy.
In most states, coverage includes damage/injury caused by an animal in your care or control. You best bet is to demand the name of the carrier from the homeowners and tell them you will sue if it is not given to you. You can file the claim yourself once you know what company to call. |
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Ruth C
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she needs a lawyer. there are personal injury lawyers everywhere.
Homeowners insurance should cover it. If it doesn't, the dog owners are probably liable for at least part of her medical bills. (Depends on camparative responsibility -- this much her fault/this much their fault). A lawyer would know how to find out
and personal injury lawyers are the ones who don't get paid unless you get paid. |
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Jamie B200
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It should really be turned into the homeowner's policy. If the neighbor isn't going to do it, she has two choices. One, get a lawyer and sue. Number two, she can turn the medical bills into her health insurance, tell the carrier what happened. Her company will subrogate against the others homeowners policy. The only downside there is that she will have to pay her own deductible and hope to get it back. |
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JenasaurusX
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ABSOLUTELY they should be taking care of her hospital bills. She surely could sue the hell out of them so I'm surprised they wouldn't be doing everything they coud to get her bills taken care of and keep her happy.
I'm not an insurance person, I just saw your question and it seemed interesting. It does seem to me that property liability insurance should cover it, but don't they usually have some kind of dog exclusion? I don't know if that's just for bites, though.
Tell your friend good luck and wish her a quick recovery for me :) |
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mbrcatz
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Well, not necessarily. Here are a few reasons why not:
1. She was doing this for MONEY, which means, it would be eligible for workers comp. Most homeowners policies EXCLUDE injuries to domestic workers. A very few will cover them.
2. The standard homeowners has a no-fault coverage called MEDICAL PAYMENTS It's usually around $500. It frequently excludes injuries to domestic workers.
3. If injuries are more than $500, the homeowner has to be sued, and proven NEGLIGENT. I don't know that a dog knocking her down the stairs, would be enough, for them to be NEGLIGENT. It really sounds like an ACCIDENT to me. Just because the accident happened at their house, does NOT Make them automatically liable.
Even if they ARE found libel (and she's going to have to sue them, which means, hire a lawyer, if she wants to see more than $500), that doesn't mean the HOMEOWNERS POLICY will cover her. Refer to item #1.
She can't file a claim directly with her insurance company. Clearly, hiring a lawyer and suing them is going to end up in her not babysitting them any more. But I think that's what she's going to have to do, if she wants to get any real money. Because that $500 medical payments isn't going to go very far. AND, hopefully she's been declaring her babysitting money as income??
And if she sees a couple lawyers, and they won't take it on contingency (no win, no fee; win, and they take 30% of what they get) it's because THEY don't think she's going to win this lawsuit, either. |
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rainbowmatrixs
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If they have it Yes. |
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Kathy
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they should definitely be offering to pay her medical bills. that's an on the job accident...she could sue them for pain and suffering along with the med bills. |
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janedoe
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A homeowners policy doesn't usually cover damages to persons on the property, however if they refuse to bare the hospital and other medical cost she can take them to civil court.
Good Luck |
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saturdays child
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She needs the advise of a lawyer badly. Her health insurance should be paying, but there are bound to be out of pocket expenses it won't cover. Lots of lawyers advertise they don't charge anything if you don't collect. At least she should talk to someone before deciding what to do. As an agent, he surely knows "all the tricks" and is obviously not going to offer to help or make a claim or he would have approached her by now. |
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LITTLE_JOHN
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by all means.........usually the underwriters has a limit of 100,000.00 per person per accident.....it will say on their policy....
as the very least, the neighbor should offer to pay the medical bills.
it seems as if the neighbor isn't the friend your friend thought they were.
tell your friend to call a lawyer.
although it was an accident, her case is a clear cut.
washing your friend a speedy recovery |
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adMIRAble
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Yes, I believe that homeowners policies have a "goodwill" clause meaning that they'll pay for an injured guest whether the homeowner was at fault or not. She should ask them to make a claim or find out their agent's name and policy number and make a claim herself.
Good luck! |
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jackass
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They should definitely pay, but they will not want to. Also it does not matter if she where being paid, that only matters for work comp. In any case she needs to find out who insures them and contact the company directly to file a claim. If she really needs help or has a hard time she may need a lawyer. |
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John J
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The insurance company should pay but even if it doesnt the family is definitely liable for ALL of her medical bills and probably more. |
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Nice one
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People had to pay burglers in their house because they were hurt!
She should call her insurance company!! If she has homeowners, then she can use her insurance to go after their insurance company.
She could use her insurance for reliable info. She can use websites like Allstate or her agency to find info.
We will pray for her quick recovery. Good luck. |
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r13rocket
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Regardless... She should get her own house insurance company involved and they would get compensation for her. Do not delay, get a lawyer or send the bills to the dog owner. Accidents, regardless of where they happen, are paid for by the culprit.(sorry could not think of another word.) If a car hit her there would be no question. Also, include time loss from work and the other things like in home care, regardless of who provides it. Good luck |
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Kim
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YES, the home owner is responsible and all home owners insurance policys cover this.
If they are un-willing to supply the information to your friend, then an attorney will do the trick...and then because your friend had to get an attorney you can have the attorney ask for the home owner to cover the attorneys fee's. |
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Sex&Candy
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That's an expensive babysitter! |
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