Does a painting contractor with no insurance liability nor worker’s comp have any recourse against a homeowner if he has an accident that is his own fault?

Asked on October 6, 2015 under Personal Injury, Georgia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Although additional facts are needed regarding your accident, if you were injured on the homeowner's property, your personal injury claim would be filed with the homeowner's insurance carrier.
Notify the homeowner's insurance carrier in writing that you will be filing a personal injury claim.  When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary, which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of wage loss.  Your personal injury claim should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.
If the case is settled with the homeowner's insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the insurance carrier, reject the settlement offers and file a lawsuit based on premises liability against the homeowner.
If the case is NOT settled with the homeowner's insurance carrier, your lawsuit against the homeowner must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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