My daughter broke her wrist at the neighbor’s house, insurance inquiry.

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My daughter broke her wrist at the neighbor’s house, insurance inquiry.

A couple of days after Christmas, my daughter fell off of the neighbor’s new hoverboard and broke her wrist. Now my insurance company wants more details on the accident to determine if another party is responsible for the medical treatment. I don’t want my neighbors to pay my daughter’s medical bills. The situation could have just as easily been in reverse. I don’t want the injury to have a negative impact on their homeowner’s insurance or our relationship, for that matter. I don’t feel they are to blame for her injury.

Asked on April 9, 2018 under Personal Injury, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It's not up to you: insurers have the legal right (called "subrogation") to seek reimbursement of any amounts they paid out from someone else who is at fault in causing the injury and therefore the insurer's payment. The insurer does not have to simply absorb the loss, but can get the money from someone who was legally in the wrong in causing the expense. So if you have received money from one of your insurers, they are allowed to go after the neighbors if they feel that they are or may be at fault, to recover any and all amounts they had to pay out due to the accident.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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