QUESTION
Can I get my out of pocket medical bills paid?
Asked on Mar 29th, 2014 on Personal Injury - Iowa
More details to this question:
I fell on an icy sidewalk at an open house. The Realtor helped me into the house and asked if I needed to go to the hospital. I drove myself to the emergency room and was treated for a possible concussion. Now I have medical bills for the emergency room visit and the tests. Will the homeowners insurance cover my out of pocket expenses?
8 ANSWERS
James Eugene Hasser
If the homeowners have premises liability insurance with a medical payments provision in it and it covers the sidewalk area, then it may pay for the medical bills only.
Answered on Apr 04th, 2014 at 6:39 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Possibly. You need to find out from the realtor whether they (eithher the homeowner or the real estate company) have a "medical payments" provision of their insurance company. It is not required, but if they have it, that will pay for medical bills regardless of legal liability. If not, you could go the more difficult route and make a liability claim, not only for medical bills but the pain and suffering and loss of income if any. If they were having an open house, then they should have been aware of the condition of the sidewalk and cleared it.
Answered on Apr 03rd, 2014 at 12:10 PM
Ronald A. Steinberg
It depends. If the insurance policy had a provision to pay medical bills, then they would pay, however if this happened on a public sidewalk, there is NO responsibility; only if it was on the walkway leading to the house. There will be NOTHING for pain and suffering, lost wages, etc. because to get those damages, you have to prove that the accident was the home owner's fault.
Answered on Apr 03rd, 2014 at 4:24 AM
Edwin K. Niles
Slip and fall cases are, by their nature, difficult. First, you must be able to prove negligence on the part of the property owner/occupant. Negligence could be defined as the failure to use REASONABLE care; the owner is not a guarantor. To do this, you must be able to prove that the owner put the slippery substance there, or that they had prior knowledge of the hazard and failed to take care of it promptly. Second, they will claim comparative fault, meaning that you had a duty to watch where you were walking, and thus are partly at fault. The result is that most lawyers are reluctant to take a slip and fall case unless there are substantial damages, and there are at least some arguments to be made on the question of fault.
Answered on Apr 03rd, 2014 at 4:24 AM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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Normally, a landowner is not responsible for a natural accumulation of ice. Do you feel that the ice may not have been the result of a natural accumulation?
Answered on Apr 03rd, 2014 at 4:24 AM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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Very likely the homeowner policy has what's called a "premises medical payments" feature that will pay. Go for it.
Answered on Apr 03rd, 2014 at 4:23 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Doubtful, put possibly. Take the details to an attorney.
Answered on Apr 03rd, 2014 at 4:23 AM
Yes, the homeowners insurance should because if you are going to hold an open house you are inviting people to use the sidewalks to the home and that requires salt and sand if necessary.
Answered on Apr 03rd, 2014 at 4:23 AM