Hi! Almost 2 years ago, I shattered my ankle at my parents rental house. My insurance covered as much as they believed they should, and I am left with atleast $ 10,000 worth of hospital bills. The homeowners insurance wasn't filed correctly & all my bills have been sent to bill collectors. I am now being garnished an average of $ 500.00 a month until the insurance gal corrects everything. I was on crutches for 4 months with an additional surgery to have the hardware removed (2 plates, 6 screws & 2 pins). I missed a total of 3 weeks of work. I have permantant (purple) scars on both sides of my ankle. I really truly want to hopital bills covered for sure, but am I in a place to ask for lost wages, pain & suffering due to the scars and troubles I currently have with my ankle? And if so how much do I ask for? Any advise would be greatly appreciated!
Thank you all for your great answers! To make things a little clearer... I do not live with my parents, they rent their home, the owner has the insurance... My parents had reported the stairs rotted and broken 1 year prior to the injury...the home owner replaced them 2 weeks after my fall.~ Thanks
Answer by Jessica S
You need to speak with the claims adjuster handling the claim. There can be coverage on homeowner's insurance for medical payments to others. This is for if someone injures themselves, but the insured (your parents) were not negligent causing the loss. If you were say just dancing around and fell, this would be covered under medical payments. That being said, it just depends on what the limits on the homeowner's policy are. Normally, they are about $ 5,000, but the would count as a claim against your parents policy, too and could result in higher premiums and even cancellation.
Now if your parents were somehow negligable for your injury, like a broken stair they didn't tell you about, a wet floor-something like that, that would fall under their personal liability coverage which normally has much higher limits. Again, though, this is a claim against your parents policy and there could be consequences to them for this.
If your parents were negligent, I would imagine you would be entitled to lost wages and the medical bills. I seriously doubt you could collect any money because you have scars on your ankles unless you were something like an ankle and foot model and you could no longer work because of this. The scars will fade with time, don't worry about that.
If however, your parents were not negligent in your accident, I seriously doubt you could collect on anything like that.
Answer by mamatohaley
You need to check on the statute of limitations as many states have a 2 year statute. Once the statute runs you are barred from recovery. With regards to recovery for bodily injury (not personal injury) you would only be entitled if your parents were at fault for some reason. For example they failed to maintain the carpet and you tripped over the torn carpet. On the other hand you would be eligible for medical payments coverage but this is limited to a small amount, normally 1k. All of that said this is with the assumption you are not a household member. If you are still living with your parents you are not eligible for either coverage.
Answer by mbrcatz17
Do you live with your parents, or NOT with your parents??
If you do NOT live with your parents, the only amount the policy should have paid, is the LIMIT of medical payments, which usually goes from $ 500 to $ 3,000, or somewhere in between.
If you LIVE with your parents, technically, I don't think you should have been able to collect ANYTHING.
If the medical payments paid out their limit, you actually have to SUE your parents, and prove that their negligence caused your ankle - not just slipping or tripping or taking a misstep. That means, you'll probably have to hire a lawyer.
I'd hop to that, because there's going to be a time limit that you can sue, and you very well COULD be close to the end of that time limit, depending on where it happened.
Answer by samasthecool
Depends on the conditions of the incident. For instance, how did you break your ankle? If it was deemed to be on your own negligence then you are responsible for the bills. Most homeowners carry Medical or PIP, and it sounds like that is what you had. In order to claim lost wages and pain and suffering someone other than you, so the homeowners (mom and dad) have to be found legally liable for your injuries. If they are not, then unfortunately you or your health carrier at the time are responsible for those charges.
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Orignal From: Personal Injury Settlement with Homeowners Insurance?
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