QUESTION
Is my landlord's insurance responsible?
Asked on Mar 11th, 2016 on Personal Injury - Kentucky
More details to this question:
About a year ago, I told my landlord about a hole in the subfloor in my kitchen. As time went on, the hole got bigger. A repairman came in this past summer to look at it and told the landlord's wife it was dangerous and needed to be repaired. We never heard another thing about it. Three weeks ago, I was walking through the kitchen and stepped in the hole. I twisted my knee and wound up going to a doctor the following week. I had an MRI done and they found 4 tears in my meniscus and damage to my knee cap. I had surgery yesterday to have it repaired. It has been one of the most painful experiences of my life and the last three weeks have been a living hell. The landlord was informed of the situation, but has not given me any information about his insurance and now is trying to get in and fix the floor. Is there anything that I can do? My insurance called today and said they were not responsible for paying medical bills, because it was due to negligence by my landlord.
1 ANSWER
First of all, your heath insurance is required to pay the bills. Your health isnurance would then be entitled to be reimbursed from any settlement you might get. Talk to a supervisor and tell them that you are going to file a complaint with the insurance commission -- http://insurance.ky.gov/static_info.aspx?static_id=1.
Note too that your health insurer cannot require you to pursue a claim aganst your landlord as a condition of paying the bills.
You should immediately obtain representation. Your landlord may well stonewall you if you are not represented.
You need to take a lot -- and I mean a whole lot -- of pictured of the hole from all angles. Put a yardstick across the hole to verify the size and depth.
If you have not done so alrady, make a detailed log of ALL contacts of all types that you had with the landlord regarding the hole.
Make sure to save all medial bills you receive -- start a folder or shoe box where you keep everything, including a copy of your written lease.
I am certain your lawyer will have additional instructions, but this is a good start.
Answered on Mar 12th, 2016 at 5:33 AM
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