You should talk to the insurance adjuster again. It is typical that in commercial liability policies there is medical pay coverage that will pay an injured person's medical treatment bills up to the limit of coverage and without regard to whether the insured store was at fault/negligent. I do not believe the insurance company and/or agency is being "straight" with you. If the store owner is a person of their word, they may agree to request the insurer pay your bills out of the med pay coverage and/or show you a copy of their declaration sheet for their insurance which would reflect whether or not med pay coverage exists, and if it does, in what amount. The owners promise to pay your bills may serve as a "contract" that you can enforce - or maybe you could assign your rights to such enforcement to the medical care provider and let them file the claim/suit in your place? As I've said in many other posts, you only have a remote chance of succeeding on a premises liability claim in Michigan for removal of snow/ice due to the "open & obvious" doctrine. However, if the store owner increased a hazard vs. a natural accumulation, you may have a basis for such a liability claim. If there was such a claim it could include any and all medical expenses, as well as pain & suffering. You would need to consult local counsel to review your facts re: whether such a claim was even viable with your facts.
Answered on Mar 25th, 2013 at 1:18 AM