Wht to do if my son broke his elbow diving into an above ground pool 2 weeks ago?

The owner’s son and other kids were diving into the pool even though “do not dive” signs were posted. My son had to have surgery to screw the bone together and will require another surgery in 6 -12 months to remove the screw. My health insurer sent an “injury report” form requesting the homeowner’s home insurance policy. We do not know these people and after repeated attempts have not been able to get a hold of them. I have a few questions. Can my health insurance deny/reduce the claim by not supplying the info. Should I retain a lawyer just to get the home owner’s info? Should I retain a lawyer anyway?

Asked on September 5, 2012 under Personal Injury, Ohio


Leigh Anne Timiney / Timiney Law Firm

Answered 8 years ago | Contributor

I am sorry to hear about your son's injury.  Your health insurance company is looking to see if there is another insurance policy out there which might be liable for this injury and your son's medical expenses.  Whether or not the homeowner's insurance policy will cover this depends in large part on the terms of the policy.  Some homeowners policies require that the homeowner was acting negligently in order to cover an injury such as this.  In this instance, allowing children to dive in a pool where diving is not permissable could be argued to be negligent.  Your health insurance should not penalize you because you cannot provide the insurance information.  This is not your policy.  I would suggest you contact an attorney in your area who specializes in personal injury and seek a consultation with regard to all of your questions and a possible personal injury claim for your son.  Your son has a significant injury which may have lasting limitations and complications.  You should speak with a professional in regard to your options. Good luck to you.  

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