I was leaving a friends house. It Was Raining And I Slipped And Fell Off A Step, Got A Compound Fracture And Had To Have Emergency Surgery

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Mar 20, 2013

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Insurance Question from Bigpoint, MS

Asked on 03/20/2013

I was leaving a friends house. It Was Raining And I Slipped And Fell Off A Step, Got A Compound Fracture And Had To Have Emergency Surgery There were no rain gutters or protection over the steps and they were slippery. His insurance co said that there was no negligence on his part and denied my claim. Do I have a case ?

Answer given on March 25, 2013

If someone is injured on a property, the homeowner policy protects the homeowner if there is negligence by the homeowner for the injuries sustained.The homeowner’s insurance company has denied coverage saying there was no negligence. It is presumed they have investigated this claim and spoken with you about the incident. You can appeal with the insurance company asking them to reconsider. If they again deny coverage you can take the property owner to court. If you do so, the insurance company must defend the property owner and if the court finds the homeowner responsible, the insurance company must pay the settlement amount. Of course, if you go to court you will most likely need an attorney which will cost you if you lose the case.The homeowner policy also includes medical payments coverage. That covera ranges between $500 and $5000. The homeowner can file a claim under that portion for you as no negligence is required to receive payment under that coverage.

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