With her testimony about how it impacted her lifestyle, it sounded like she was going after more than medicals?? Pain & suffering? Or decreased life enjoyment??
Correct. She is suing the kid for additional damages in the hopes of getting money out of his homeowner's policy.
With her testimony about how it impacted her lifestyle, it sounded like she was going after more than medicals?? Pain & suffering? Or decreased life enjoyment??
Correct. She is suing the kid for additional damages in the hopes of getting money out of his homeowner's policy.
yea, that's generally where I say "too bad, so sad, shit happens in life, and accidents suck sometimes"
You aren't entitled to win the jackpot (or get a bunch of money) because of an accident (i'm not talking about if there was gross negligence or a product defect).
I feel like I need to know more about this woman and her injuries before I say that she isn't entitled to sdditionsl monies through the honeowner's insurance. Will the injury impact performance on the job? Will se meed additional surgeries or therapies?
When DH's case (that I mentioned earlier in ghe thread) settled through the insurance companies, he got additionsl money for "pain and suffering". Why? Because he is looking at a lifetime of additional surgeries. He already had one seven years after the accident. He will eventually need multiple hip replacements as he ages and therapies. And he rventually had to switch from s physically demanding job to an office setting because if his injuries.
My mother broke her wrist in a fall years ago snd still suffers. Every now and then she has to go to the doc for injections in the wrist and it has affected her ability to perform tasks she used to love, like knitting and quilting. If she was a working woman whose wrist was part of her job, she would have a ton more issues to deal with.
Just sayin, the lady could be greedy or she could have a legitimate case.
Post by UMaineTeach on Oct 16, 2015 17:22:53 GMT -5
Help me connect a dot I'm missing.
Aunt wants damages from Nephew's parent's HOI policy. HOI Policy says: Here's $1 Aunt said: $1 isn't enough HOI Policy say: Ok, so sue Nephew if you want more Aunt sues Nephew for more. Aunt loses.
Where does the HOI come back into this story? Seems like HOI was done after the $1 offer. If Aunt wins in court = Nephew own her money If Aunt loses in court = Nephew doesn't owe her money and the HOI $1 decision is more justified right?
It doesn't go: Aunt Loses = HOI now owes her money, right?
She wasn't "forced to sue" She felt like someone, anyone, owed her money for pain and suffering and when it wasn't behind door #1, she tried door #2. Her choice to try another door.
It doesn't go: Aunt Loses = HOI now owes her money, right?
Yes, the above is exactly how it works. If you get sued for an injury on your property, your policy pays for your legal representation and damages or settlement up to the policy value.
We went through exactly this when my SIL lost her thumb in a boating accident on her Aunt's boat. Aunt's Insurance offered $1000 which is...insufficient for a 20 year old suffering a traumatic amputation and 10+ surgeries. The only way to recover more in their state was to "sue" her aunt to activate the policy. They ended up settling out of court with the insurance company. It created a huge family rift even though SIL was super clear with the aunt that she had no interest in recovering against her personally.
By the way, SIL's health insurance, which covered this at the time, could theoretically come after her for part of the settlement. The lawyer's advice has been to ignore those letters asking how the accident happened. So far so good, but we could have to cross that bridge at some point.
It doesn't go: Aunt Loses = HOI now owes her money, right?
Yes, the above is exactly how it works. If you get sued for an injury on your property, your policy pays for your legal representation and damages or settlement up to the policy value.
well, this just leads to more questions:
What do I do (I know, get a lawyer) if I am sued, lose, and then want to activate this coverage in my policy? Do I have to find a million dollars and pay the plaintiff now and get reimbursed later or will the HOI cut a check to the injured party?
How guaranteed is the coverage, if the HOI still thinks the injury is not your fault and that the court is wrong can they deny coverage, leading me to have to sue them?
How often do courts award damages in excess of the standard policy?
Yes, the above is exactly how it works. If you get sued for an injury on your property, your policy pays for your legal representation and damages or settlement up to the policy value.
well, this just leads to more questions:
What do I do (I know, get a lawyer) if I am sued, lose, and then want to activate this coverage in my policy? Do I have to find a million dollars and pay the plaintiff now and get reimbursed later or will the HOI cut a check to the injured party?
How guaranteed is the coverage, if the HOI still thinks the injury is not your fault and that the court is wrong can they deny coverage, leading me to have to sue them?
How often do courts award damages in excess of the standard policy?
The insurance company will provide a lawyer to represent you because you're playing with their money. At least that was our experience.
We didn't end up going to court, but if the court found Aunt liable, her insurance would have had to pay the judgement up to the policy max--no more decisions to be made. I presume there could be issues where someone was so negligent that insurance can get out of paying, but that wasn't the case for us (and certainly wouldn't have been in the case at hand). HOI covers any judgement or settlement, not just those where they agree with the court. They might require you to appeal or something.
We didn't seek above the max of the policy--but if we had, it's my understanding that insurance would pay the max and then there'd be a judgement against Aunt.
Yes, the above is exactly how it works. If you get sued for an injury on your property, your policy pays for your legal representation and damages or settlement up to the policy value.
well, this just leads to more questions:
What do I do (I know, get a lawyer) if I am sued, lose, and then want to activate this coverage in my policy? Do I have to find a million dollars and pay the plaintiff now and get reimbursed later or will the HOI cut a check to the injured party?
How guaranteed is the coverage, if the HOI still thinks the injury is not your fault and that the court is wrong can they deny coverage, leading me to have to sue them?
How often do courts award damages in excess of the standard policy?
If you get sued, you want to notify your insurance company immediately. Assuming that it is a covered claim, they will provide you with an attorney from the start. If you don't notify them right away, then they could deny coverage. There is a clause in your policy that requires you to notify them within a reasonable time.
We have universal health care and this still happens. You have to pay the government back with your insurance money. If you were in a car accident, and you went to the hospital. Then your insurance company sues the other driver and the money goes back to the government to a point
It's crazy how many people are "I hate insurance companies" without even understanding.
The parents homeowners insurance offered $1 because they felt the 8 year old wasn't liable. Her attorney obviously felt the child was liable and their only option was to file a lawsuit which had to have been against the child (this is state specific).
Do people here really feel that the child wasn't acting like a typical child and should be responsible for the injuries?
We have universal health care and this still happens. You have to pay the government back with your insurance money. If you were in a car accident, and you went to the hospital. Then your insurance company sues the other driver and the money goes back to the government to a point
This story seemed so ridiculous to me. What happened isn't unique or interesting. It's a claim that wasn't able to be resolved without litigation. People are reading a lot into this that isn't there.