That is a good approach. It makes it less confrontational.
Didn't want to spend Superbowl Sunday this way...
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I think so too.
Took a couple days off work, but back today. For whatever reason I feel pretty good? Rib doesn't seem to be bothering as much as I thought, but it seems to act up when trying to sleep. Looks like I'll just have to drink coffee all night...JK
So just an update. Last week my sister went over there to get the information. And the lady was reluctant to give it. But she did get her first name. The lady said she wanted to talk to a lawyer first. Which is fine. My sister said she's just following protocol. And to give her a call in a few days. The lady went on to mention. She can't seem to think it's her fault because it happened on City property. I don't know what she's thinking. But In time things will get worked out. And I'll get my medical expenses paid. I honestly don't understand how she thinks it's not her fault. Her dogs came after me. And caused the issue that I have with my rib. The only time the city would be responsible for any injuries is say if I'm walking my dog and I trip over a unmaintained sidewalk. For instance a tree root uprooted the sidewalk to where it's uneven and you can trip over it. That's the only time the city would be responsible for any type of injuries. Because it's their responsibility to maintain the sidewalks and that they're safe and have no obstacles Etc.
Good luck with this approach. It is possible that your sister will hear from the lady with the insurance information.
If not, the fact that you have the address of the house involved should be enough so that your own health insurance can start going after her. This may give you the information that you need for your own claim for your expenses.
I don't believe in most states that the insurance carriage is a matter of public record that you can just look up online somewhere, but it is information that the right people can find out if they have a need. Certainly if you wind up going with a lawyer they would be able to determine that information pretty easily.
Keep us posted. How is your physical recovery proceeding?
If not, the fact that you have the address of the house involved should be enough so that your own health insurance can start going after her. This may give you the information that you need for your own claim for your expenses.
I don't believe in most states that the insurance carriage is a matter of public record that you can just look up online somewhere, but it is information that the right people can find out if they have a need. Certainly if you wind up going with a lawyer they would be able to determine that information pretty easily.
Keep us posted. How is your physical recovery proceeding?
Thank You Marc - I'm just trying to be proactive and do what i feel is right. Also being nice helps. I just want to resolve this and put it behind me. As far as my recovery it's coming along slowly. I'm limited to what I can do. For instance I can walk pretty good for up to 45 minutes with my dog. This actually seems to get the stiffness out of my lower back and provides me with some mobility. I can't sit or stand for any length of time without feeling some pain. I have to sleep on the couch on my side. I find this works best because the couch provides my back with some support. Getting on and off the couch and or the bed is painful. Bending over to even lift the toilet seat is also painful. At times even getting dress presents its challenges.
We take a lot for granted of the simple things we can do.
Did you get an x-ray about possible cracked rib?
Ribs are tough that bruises hurt like hell and take a while to heal.
Ribs are tough that bruises hurt like hell and take a while to heal.
Yes, I did get an x-ray when I was admitted to the ER they did an x-ray a CAT scan and EKG They took my blood pressure did blood work. They did everything they called me the next day and that's when I found out I had a cracked rib. I cracked my 11th rib, which is my lower rib. Also called animal control and reported her.
Realistically, I expect you will need the services of a lawyer. It could start with just a letter to get you in touch with her homeowner's be insurance, but my guess is this is nontrivial if you wish any form of compensation.
If it were me, I would be looking for receiving actual out of pocket medical expenses, value of lost work/PTO, value of time spent dealing with the situation, and something to compensate for the pain without being greedy, plus of course the cost of the lawyer.
I went through a lot of this when my wife was injured (in Indiana) and learned the state you are in has a lot to do with what you can expect to recover. Indiana is awful for accident victims. I expect California is probably better.
My advice is to start interviewing lawyers. Pass on any who make you sign with them before they will meet with you.
If it were me, I would be looking for receiving actual out of pocket medical expenses, value of lost work/PTO, value of time spent dealing with the situation, and something to compensate for the pain without being greedy, plus of course the cost of the lawyer.
I went through a lot of this when my wife was injured (in Indiana) and learned the state you are in has a lot to do with what you can expect to recover. Indiana is awful for accident victims. I expect California is probably better.
My advice is to start interviewing lawyers. Pass on any who make you sign with them before they will meet with you.
Thats good advice Marc. I would like to at least get the bills and see where I'm at. I looked up a pain and suffering calculator and how they determine the amount from what I can tell is you rate your pain (realistically) on a scale of 1-5. Say I feel my pain and suffering is rated at a 3. Then you would multiple your total medical expenses by 3 and that would determine the amount you should be compensated for pain and suffering. I think I may have to get a lawyer, but its always hard to find one. I'll make sure I document all my time spent on this case and get compensated for it.
It varies state by state, but don't get dollar signs in your eyes with those calculators. Those are broad estimates based on decades old concepts of what things cost. Hospital costs are now 5-10x what they were when the calculator concept was birthed, and the payouts are smaller now as a percentage.
So let's say the medical care you got at ER results in an initial $15,000 bill from hospital to insurance. Insurance will agree to negotiated rates maybe $8,000. Your portion would be whatever your deductible is plus whatever copay for the remaining amount based on $8k. Say you are on a $1000 deductible plus 20% plan. So you would pay $1000 plus ([8k-1k] * 20%= $1400) =$2400 out of pocket. Insurance on the hook for $6400. Your mileage will vary widely of course based on what the insurance plan provides. (I've never understood people who thought they "didn't need insurance").
Anyway in the old days, the calculator might have applied to the original pre-insurance amount ($15k in this example, bit back then much smaller amount). Now, not so much. Settlement would probably recoup the 8k plus a little bit, a few thousand. Insurance will put a lien in for their $6400. Lawyer takes a third off the top, typically. You get what's left after all liens are satisfied.
So it's very important to document all your damages. Time etc. Should be factored in.
You will get something out of it but I guarantee at the end you will wish it never happened.
So let's say the medical care you got at ER results in an initial $15,000 bill from hospital to insurance. Insurance will agree to negotiated rates maybe $8,000. Your portion would be whatever your deductible is plus whatever copay for the remaining amount based on $8k. Say you are on a $1000 deductible plus 20% plan. So you would pay $1000 plus ([8k-1k] * 20%= $1400) =$2400 out of pocket. Insurance on the hook for $6400. Your mileage will vary widely of course based on what the insurance plan provides. (I've never understood people who thought they "didn't need insurance").
Anyway in the old days, the calculator might have applied to the original pre-insurance amount ($15k in this example, bit back then much smaller amount). Now, not so much. Settlement would probably recoup the 8k plus a little bit, a few thousand. Insurance will put a lien in for their $6400. Lawyer takes a third off the top, typically. You get what's left after all liens are satisfied.
So it's very important to document all your damages. Time etc. Should be factored in.
You will get something out of it but I guarantee at the end you will wish it never happened.
I have a $2500 deductible. Ugh, but when I signed up for the insurance I based it on how often I go to the doctors etc. That was the first time in my entire life that "I" was in an ER for myself. Most of the time I was the one taking someone to the ER. I will start putting together my documentation tonight when I get home. From the very start of this incident. How it happened, how much time spent in the ER, days missed from work. Document the amount of pain I feel and when and what time of the day. The amount of time I spent calling the insurance companies and dealing with this case.
So far my medical bills I have reached $11,700 of which I'm responsible for $3200. I'm sure there are more that will be added, so my maximum amount out of pocket is $5000 , which I'll probably end up exceeding when all the bills are tallied up. I decided it was time to talk to an attorney, which I did today. I had phone conversation with him and through some look up online we found found out that this individual is a renter. So he basically outlined a plan for me and a course of action. He's a contingency attorney so he get's paid when he settles the case from whatever my compensation would be. His staff member will email me a PDF that I have to sign to start the process, but he basically told me the same thing my Health Care Provider said. Get her name and home owners / renters insurance policy etc so a claim can be started, but I think with the health care provider they will not recover my out of pocket cost. They are only interested in what is entitled to them. The attorney on the other hand will try and get the following. My out of pocket cost, missed days from and pain in suffering, which I'm still in. Maybe not as bad as when it happened, but I'm limited with my mobility as far as bending, leaning, stooping and worse yet sleeping. Here's the email I received from the attorney as a follow up.
"It was a pleasure to speak with you this afternoon. Thank you for taking the time to discuss the dog attack you were involved in on morning of Super Bowl Sunday (2/2/20). As we discussed, please do follow-up with the dog owner Margaret and see if you can get her full name and renters or homeowners policy carrier name, policy number and name of insured or if she doesn’t feel comfortable sharing the info request her to open up a claim on her own with her insurance carrier and have them contact you with the adjuster contact info and claim number. When you can please take a look at and email the medical records and billing, animal control number, photos and any other relevant documentation you may have including your notes
Robert will be sending you the email with link to the documents to be signed for representation this afternoon. My contact info is below. Don’t hesitate to reach out with any questions."
He also emphasized on being very nice and respectful when speaking with her in order to get the information.
"It was a pleasure to speak with you this afternoon. Thank you for taking the time to discuss the dog attack you were involved in on morning of Super Bowl Sunday (2/2/20). As we discussed, please do follow-up with the dog owner Margaret and see if you can get her full name and renters or homeowners policy carrier name, policy number and name of insured or if she doesn’t feel comfortable sharing the info request her to open up a claim on her own with her insurance carrier and have them contact you with the adjuster contact info and claim number. When you can please take a look at and email the medical records and billing, animal control number, photos and any other relevant documentation you may have including your notes
Robert will be sending you the email with link to the documents to be signed for representation this afternoon. My contact info is below. Don’t hesitate to reach out with any questions."
He also emphasized on being very nice and respectful when speaking with her in order to get the information.
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You might consider asking him to run some numbers hypothetically before you sign. For example let's say that the total medical bills are 18,000 and you were responsible just for example for 5,000 of that. Plus some possible pain and suffering. and have him lying out how much he takes off the top from the contingency basis of his pay, and how much the lien would be for the health insurance presumably 18000 - 5000, and what you would actually get at the end. my guess is he won't want to play speculative games but it should show you whether or not you are likely to get anything out of it at the end.
From the contract that I haven't signed yet it looks like he gets 40% and if it goes to trial 45% as odd as this may sound I'm more concerned about getting screwed by my own lawyer then this lady. I emailed the office a brief outline what happened and they called me back. It's a free consultation and I hate to ask him of anymore of his time. I spent maybe 15 minutes on the phone with the lawyer and he responded with what I posted and then his staff member sent me a PDF document to sign using e-signature. He asked me where I worked and my mailing address and my birthday. He wanted to know where I worked so someone in HR when the time comes can write up a professionally letter stating I missed certain days of work so I guess so it looks legal and all that.
He went on to mention that he would at least try to knock my medical cost down and I'm thinking why not knock it completely down? Why should I have to pay anything?
I have some more thoughts based on my own experiences and will write them tomorrow. Your comment about being worried more about being screwed by the lawyer than the woman is an apt one.
BTW, 33% is a common percentage; 40-45 seems high but maybe it's a California thing.
BTW, 33% is a common percentage; 40-45 seems high but maybe it's a California thing.
NateB
Well-Known Member
Does your community have leash laws?
I hit an unleashed dog that ran after me while mountain biking. We (me and the dog) both ended up in a creek, I had minor damage to my bike, very minor injuries and the dog looked injured too. I was annoyed, the dog owner was downright furious until I reminded him of the leash laws both part of the town ordinance and posted as park rules for the trail system. Fortunately for me, that was the end of that. No names were exchanged and he held his temper back. That was the end of that and the cost of the parts I had to replace was worth it to me to not hassle with that man.
Aside from being responsible for her dog, if she were also violating a local ordinance, you will have a very clear case.
I hit an unleashed dog that ran after me while mountain biking. We (me and the dog) both ended up in a creek, I had minor damage to my bike, very minor injuries and the dog looked injured too. I was annoyed, the dog owner was downright furious until I reminded him of the leash laws both part of the town ordinance and posted as park rules for the trail system. Fortunately for me, that was the end of that. No names were exchanged and he held his temper back. That was the end of that and the cost of the parts I had to replace was worth it to me to not hassle with that man.
Aside from being responsible for her dog, if she were also violating a local ordinance, you will have a very clear case.
Hi @AfterBurners ,
First, I'm not a lawyer nor do I have any experience with these things specifically in California, but I have in recent years had several situations where I needed a lawyer including an accident my wife was in and several other "someone else at fault trying to screw me" situations. So consider what I'm saying but don't think of it as any sort of gospel.
1. The lawyer who wants 40/45% sounds predatory. In addition to my own actions, I've talked to lots of other folks (again, not specifically California), and the usual range I'm familiar with is 30-35%. This would include if it goes to trial. Note, there are some smallish specific costs if it goes to trial that you are usually on the hook for (documentation costs etc.), but taking an extra 5% off the top seems much. Your case should never go to trial. Courts have better things to do. At a minimum, talk to a few other legal firms. Start the conversation with "A woman let her dogs out, they attacked me, I was injured, and I was diagnosed with [cracked rib? concussion?] by the hospital." This lets them know there's actually a case right in the first minute.
2. If I were paying a third (-ish) of any recovery to a lawyer, I would be expecting him/her to take ownership of figuring out the person's insurance. I'd give them the address, description of the person and dogs, and let them do the leg work. I think it's crap that he's putting all this on you. On the positive side, resolving this person as a renter is a step forward. Was there any progress with your sister talking to her?
3. The fact that they are a renter creates what may be the biggest problem: While homeowners almost always have liability insurance (as much to protect the bank holding the mortgage, as anything else), renters for some reason often do not. I've always had renter's insurance to protect my things' value and for liability reasons even back as a grad student, but it's amazing what percentage of renters don't consider this a priority. If she doesn't have renter's insurance or some other policy that covers liability, you're a bit screwed and will HAVE to sue her to recover anything, and there's a good chance you won't get much even in that case. Basically, without liability insurance she would have to pay out of pocket (unless someone else were at fault, and from your description probably that's not the case) any damages, and this makes everything harder. If she has no insurance, shop around for a good contingent lawyer that takes more like a third than 40-45%.
4. If she does have insurance, you may not need a lawyer for much, in a similar way that you don't need a lawyer in a fender bender accident. Presuming you can get her name/address/insurance carrier and maybe policy #, you can just call them up, initiate a claim, and file a demand letter. This would cover your out of pocket costs, the lien from your health insurance costs, and other specific damages (lost work income, cost of Rx meds, other things that are clearly specific costs to you caused by the accident). Remember, your health insurance will shortly (if not already) be sending you a letter asking if someone else is responsible for this, and who... they want their $. You could document the demand letter yourself but it would probably be better to pay a lawyer a fee to do a good job of it (probably $200 or so, included in the demand letter costs). You can also ask for pain and suffering general damages in some amount but they will likely tell you to pound sand on that. Another tactic is to not name the general damages but that you would consider settling this if they cover your specifics and an amount for general damages to be negotiated when you have a clearer idea of how long recovery will take (you can't detail the specifics at this point though, because you may need more doctors etc.). Bottom line, you may get all your specifics covered with minimal legal effort.
Again, 40% seems steep. Let's say the total hospital bills ended up at $18k with you paying $5k, and through the lawyer you got a $30k settlement including pain and suffering. The lawyer would get $12k right off the top and the health insurance would get $13k. You would get $5k which would barely cover your medical out of pocket with nothing for lost wages or general damages.
Going the demand letter route first doesn't prevent you from doing a full service lawyer later, as long as the demand letter is written correctly (worth a couple hundred for sure!).
First, I'm not a lawyer nor do I have any experience with these things specifically in California, but I have in recent years had several situations where I needed a lawyer including an accident my wife was in and several other "someone else at fault trying to screw me" situations. So consider what I'm saying but don't think of it as any sort of gospel.
1. The lawyer who wants 40/45% sounds predatory. In addition to my own actions, I've talked to lots of other folks (again, not specifically California), and the usual range I'm familiar with is 30-35%. This would include if it goes to trial. Note, there are some smallish specific costs if it goes to trial that you are usually on the hook for (documentation costs etc.), but taking an extra 5% off the top seems much. Your case should never go to trial. Courts have better things to do. At a minimum, talk to a few other legal firms. Start the conversation with "A woman let her dogs out, they attacked me, I was injured, and I was diagnosed with [cracked rib? concussion?] by the hospital." This lets them know there's actually a case right in the first minute.
2. If I were paying a third (-ish) of any recovery to a lawyer, I would be expecting him/her to take ownership of figuring out the person's insurance. I'd give them the address, description of the person and dogs, and let them do the leg work. I think it's crap that he's putting all this on you. On the positive side, resolving this person as a renter is a step forward. Was there any progress with your sister talking to her?
3. The fact that they are a renter creates what may be the biggest problem: While homeowners almost always have liability insurance (as much to protect the bank holding the mortgage, as anything else), renters for some reason often do not. I've always had renter's insurance to protect my things' value and for liability reasons even back as a grad student, but it's amazing what percentage of renters don't consider this a priority. If she doesn't have renter's insurance or some other policy that covers liability, you're a bit screwed and will HAVE to sue her to recover anything, and there's a good chance you won't get much even in that case. Basically, without liability insurance she would have to pay out of pocket (unless someone else were at fault, and from your description probably that's not the case) any damages, and this makes everything harder. If she has no insurance, shop around for a good contingent lawyer that takes more like a third than 40-45%.
4. If she does have insurance, you may not need a lawyer for much, in a similar way that you don't need a lawyer in a fender bender accident. Presuming you can get her name/address/insurance carrier and maybe policy #, you can just call them up, initiate a claim, and file a demand letter. This would cover your out of pocket costs, the lien from your health insurance costs, and other specific damages (lost work income, cost of Rx meds, other things that are clearly specific costs to you caused by the accident). Remember, your health insurance will shortly (if not already) be sending you a letter asking if someone else is responsible for this, and who... they want their $. You could document the demand letter yourself but it would probably be better to pay a lawyer a fee to do a good job of it (probably $200 or so, included in the demand letter costs). You can also ask for pain and suffering general damages in some amount but they will likely tell you to pound sand on that. Another tactic is to not name the general damages but that you would consider settling this if they cover your specifics and an amount for general damages to be negotiated when you have a clearer idea of how long recovery will take (you can't detail the specifics at this point though, because you may need more doctors etc.). Bottom line, you may get all your specifics covered with minimal legal effort.
Again, 40% seems steep. Let's say the total hospital bills ended up at $18k with you paying $5k, and through the lawyer you got a $30k settlement including pain and suffering. The lawyer would get $12k right off the top and the health insurance would get $13k. You would get $5k which would barely cover your medical out of pocket with nothing for lost wages or general damages.
Going the demand letter route first doesn't prevent you from doing a full service lawyer later, as long as the demand letter is written correctly (worth a couple hundred for sure!).
Hey guys thanks for all your input - I wanted to update all of you. I went over to her house today to see if I could get the information. As it turns out her name isn't Margaret, but something else and she is the home owner and she did provide me with all her insurance information. We actually had a very good conversation and we are going to try and work things out outside the legal system, She has agreed to pay for my out of pocket medical bills along with the amount of money I missed from work which is two days. I told her that I am still in pain, but I'm willing to not worry about it if she's willing to take care of the rest. I told her I had spoke with a lawyer and had a free consultation and what he advised me to do. I also told her settling this between us would be the best for both of us. She seemed to agreed and just wanted a copy of my medical expenses and once she pays for me to sign off saying we settled our dispute and that its final and I won't come back after her for something else. I think that's fair and I agree with you Marc 40-45% is predatory. She made a mistake, but she doesn't deserve to be treated poorly. I always felt if you treat people with respect you would hope to be treated the same way back. She showed that today so I'm happy that soon I'll be able to get back to my drama free life and back to building rockets. I plan on emailing the lawyer and let him know I won't be needing his services. I didn't sign anything with him and all I had was a 15-20 minute conversation regarding this situation. As far as the health care provider they are aware that someone else caused this and my concern is if I can cancel that claim. She may decide on the other hand just to file a claim with her insurance company and have them deal with it so there will be no cost out of her pocket. Lets say my out of pocket and miss wages comes to around $5000. Maybe she ask her insurance company how much more she would be paying after filing a claim, It might be less or it might be more, but chances are I bet she will just submit a claim, after all she provided me with her information so she'll probably consider that route as well?
I told her right now lets wait and until I get all my bills and go from there and see what works best?
I told her right now lets wait and until I get all my bills and go from there and see what works best?
Remember, your health insurance will be coming after her for their costs. If you settle with her directly, they may place a lien to recover their portion out of whatever you get. If you sign something holding her harmless for further action on the matter, your health insurance could potentially ask you to pay.
Your health insurance has the right of subrogation here... Beware.
Your health insurance has the right of subrogation here... Beware.
Sooner Boomer
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Looks like you can work it out amicably. That's always best.
Ill keep that in mind and pass that along to her. So what you're saying is if I provide my health nsurance company with her information they will only go after the difference they will not go after my out-of-pocket cost that's something I have to recover on my own is that correct? Is there any way that I can call my health insurance company and explain to them that I already recovered my cost and that I would like to cancel the claim against her? The only information they have is her address and they're the ones that wanted me to get her full name last name and policy number if they don't have that will they still try to pursue it?
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Again, I'm not a lawyer and Cali is a strange beast at the best of times. But generally, you don't have the right to "cancel the claim against her." Your insurance company has to pay the hospital bills, minus whatever portion you are responsible for, and your health insurance company wants that money back. How vigorously they pursue the subrogation is up to them, and subject to the laws of your state, but as they are on the hook for what will probably be $10k of their own funds when all is said and done, I would be surprised if they didn't investigate. Health insurance is meant to cover actual health issues and accidents. Negligence, like letting dogs out inappropriately, is a whole OTHER thing, and incurs liability. They want their money. They don't care about your out of pocket, generally.
For example, when my basement flooded (tethered float switch got hung up on the drain tiles in the sump, didn't turn on, 1-2 inches of water in basement), I got THREE SEPARATE CALLS from various parts of my homeowner's insurance company trying to find someone they could sue over the $5000 or so in damages. The first one asked which plumber installed the sump pump. I explained the sump pump has been routinely replaced by me, and that the switch was also recently replaced (by me) and that the hang-up was a freak thing, now corrected, and that I was installing a backup pump and switch just in case. Then another call asking about the make/model of the switch that "failed." No, it didn't fail, it got hung up in a difficult to predict way, a once in 15 year event. A week later I got a call from their manager and had to go through it all again, and the purpose of the calls was to find someone to subrogate. (For the record: I now have an electronic sump switch that doesn't move and can't get hung up, a backup sump pump with a separate switch on battery backup, and a water-powered ultimate backup that will keep the basement dry as long as there is water pressure, and the backups go out a separate outlet pipe in case the original outlet gets blocked by tree roots or something --belt AND suspenders!)
This situation you are in is the very reason insurance exists. You've got health insurance to cover your hospital expenses, and she has homeowner's insurance (which typically includes liability insurance) to cover these freak things that happen on her property. The right path forward is in my opinion to file a claim with her insurance. Pass that info to your health insurance. You would get your out of pocket losses and quite possibly a small pain and suffering settlement by agreeing not to sue. Your health company would get their costs paid. Presumably the guy whose mirror you accidentally broke while under attack by the dogs --if this person is known or has filed a police report that gets wrapped into the incident-- gets his mirror paid for. And the woman who caused all of this might see a small bump in her homeowner's policy cost because she's now incrementally more risky. Doing this all above board and on the books keeps administrative costs down. No need for investigators, lawyers, etc..
This is all just my opinion based on a bunch of my own experiences. I'm curious to hear what others, particularly in California, think of all this.
Marc - Thank You so much! You have been extremely helpful and this all makes since. So I do have all her information now. so the best approach would be to file a claim with her home owners insurance company and notified my health insurance company that I have her information and have submitted a claim against her. Why is it her home owners insurance company will pick up my the cost and hopefully my missed days at work ( and out of pocket), while my health care provider will only try to get just what is owed to them. I know the answer and its just because I'm solely responsible for my "out of pocket" cost. What about her wanting to pay my "out of pocket" if she agrees. Would that make things more complicated? It seems she is willing to do that, For her and myself it would best to let the insurance company and my health care provider work it out. I just want to be assured that my "out of pocket" and "missed days" are paid for.
Caveat: Not a lawyer and don't know much about the law other than reading John Grisham books...
2 things come to mind here:
1. You say she sounds like a nice lady, and she probably is, but if you don't have an agreement in writing, it'll be harder for you to go back and get any money. I know that sometimes verbal contracts can hold up in court, but I don't think it would be an easy one here.
2. "all my bills" may take months to come through, if you have things like physical therapy afterwards. Do you really want to have to hold her to this for months?
I'm going to wait on my bills to come in from my ER visit. Present them to her and see if she wants to pick up my out of pocket cost and my missed days work. If she doesn't I'll submit a claim with her home owners insurance company. I'm not going back and asking this lady for more money, If she is willing to work with me I'm willing to work with her. If anything needs to drawn up and signed to seal the deal then she can get a attorney and have it done.
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rfjustin
Well-Known Member
No IF here sir, you need to submit a claim with her insurance company as soon as you have her policy information regardless of what she tells you she will do. What if she tells you that she will take care of you today, then ghosts you tomorrow? As others mentioned in this thread, your healthcare insurance company, through the process of subrogation will try and recover any/all funds from her, more specifically her insurance carrier. Submitting a claim is the most likely path by which you will recover out of pocket expenses including deductible. Anticipating submitting a claim is precisely why I previously advised you to have a police report written up. It would have substantiated your claim.
After the claim is submitted, you will work with an adjuster and this adjuster need to make sure that you are satisfied with outcome and overall handing of the claim. They will also make sure that all medical bills are accounted before before they will cut you a check.
Per Google legaleze: "In the event of an insurance claim, “subrogation” refers to the process by which your insurance company collects money from the party at fault (or their insurance company) in order to recover funds you or your insurance company have already paid, including your deductible."
Right. The reason her homeowner's policy would pay your damages is because part of that insurance policy is liability coverage for her. It keeps you from suing her. Homeowners have to have liability coverage, because for example in this case if she had no liability insurance, and insufficient onhand liquid assets to pay the damages (to you for out of pocket, and to your health insurance for their part of the costs), she would get sued. The house, being her biggest asset, would be what you (and your health insurance) would be going after in such a suit. It could be sold off and part of the proceeds go to reimbursing you and your insurance company. Of course all this is very messy, takes a long time, and is very expensive to administer. Not to mention risky for the bank that holds the mortgage (what if the house is worth less than the outstanding mortgage minus damages?). So, all homeowners are required to carry a reasonable amount of liability insurance as part of the requirements for getting a mortgage. Sure it protects the homeowner, but mostly it's there to protect the bank's asset.
She is probably thinking to pay the out of pocket costs herself to keep it off the insurance records, because her rates could go up, or she might even be dropped by the insurance company and have to buy more expensive insurance somewhere else. But she probably doesn't understand that the big costs, which the health insurance paid to the hospital, are her responsibility as well, and no matter what you and her want to do, the health insurance co is going to come a-knockin' at her door. Best to do it cleanly, all through the insurance company. There really is no advantage to her to pay part of it herself.
@djs and @rfjustin made good points. It will be a while before the full extent of things is known, and the claim should be made immediately while everyone's memory is still fresh. Now that you have her insurance info, a claim should be made immediately. Just state the facts, and that you don't have all the bills yet, and you will be waiting to detail the specifics. Offer full cooperation in their investigation (expect them to be a bit skeptical). Always be positive and polite.
Good luck. I'll be interested to hear how it goes.
Again for the third time or fourth time I did not file a police report because when I call them they told me this was a civil case no police report is filed instead I contacted animal control which is a government agency and they documented this. The police would not get involved unless a criminal crime has been committed
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