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    chaoss1's Avatar
    chaoss1 Posts: 9, Reputation: 1
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    #1

    Jul 31, 2008, 01:35 PM
    Homeowners insurance & uninsured contractors Accidents
    If a uninsured roofer is doing a job on a home and they do not clean up after job isdone leaving all lose shingles on roof, and a person walks past home gets hit with debris and gets severely injured and sues the homeowner and contractor who is liable?
    progunr's Avatar
    progunr Posts: 1,971, Reputation: 288
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    #2

    Jul 31, 2008, 01:43 PM
    The homeowner is the first in line for the liability.

    Normally, in such a case, your homeowners would take care of the claim, and then go after the contractor.

    You didn't really hire someone without insurance coverage, did you?
    chaoss1's Avatar
    chaoss1 Posts: 9, Reputation: 1
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    #3

    Jul 31, 2008, 01:45 PM
    NOOOOOOOOOOOO I WOULD NEVER!! I was the victim, suffered broken nose, needed surgery, and head trauma permanent headaches. Eye damage. It goes to trial Monday, my lawyer says the trial is to determine who is liable because the insurance company won't even try to settle they say not their fault.
    progunr's Avatar
    progunr Posts: 1,971, Reputation: 288
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    #4

    Jul 31, 2008, 01:50 PM
    Hopefully you have a good attorney, this should not be that difficult of a case, without a doubt the homeowner has the liability here.

    Good Luck!
    chaoss1's Avatar
    chaoss1 Posts: 9, Reputation: 1
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    #5

    Jul 31, 2008, 02:11 PM
    Uninsured contractor & Personal injury
    If a uninsured roofer is doing a job on a home and they do not clean up after job isdone leaving all lose shingles on roof, and a person walks past home gets hit with debris and gets severely injured and sues the homeowner and contractor who is liable?
    progunr's Avatar
    progunr Posts: 1,971, Reputation: 288
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    #6

    Jul 31, 2008, 02:14 PM
    Duplicate post.
    chaoss1's Avatar
    chaoss1 Posts: 9, Reputation: 1
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    #7

    Jul 31, 2008, 02:17 PM
    Thanks... I think I have a good attorney, he is just telling me its up to a jury. I want at least all my medical reimbursed. I am so nervous. I am a young girl and this causes me a great deal of stress.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,505, Reputation: 4600
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    #8

    Aug 1, 2008, 07:52 AM
    Quote Originally Posted by chaoss1
    Thanks... I think I have a good attorney, he is just telling me its up to a jury. I want at least all my medical reimbursed. I am so nervous. I am a young girl and this causes me a great deal of stress.


    If you have an Attorney I don't understand your post - what does the Attorney say? Who is being sued?

    Both parties should be sued - the contractor AND the homeowner.

    (Please only post the same question once.)
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,505, Reputation: 4600
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    #9

    Aug 1, 2008, 08:04 AM
    Quote Originally Posted by chaoss1
    The homeowner & roofer are being sued. It is going to trial. The trial will determine who is responsible, the homeowner OR roofer. If the uninsured roofer is found responsible then I basically get nothing, not even medical expenses covered. This is what my attorney is saying, I just don't understand it, I'm young and do not know the law very well. He said its not a matter of if someone is responsible just who is responsible.


    What State are you in?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,505, Reputation: 4600
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    #10

    Aug 1, 2008, 10:00 AM
    Quote Originally Posted by chaoss1
    NY. If jury finds roofer at fault will I get anything?

    Your Attorney has already said that if the roofer is found to be at fault you will not be awarded anything. Your Attorney is far more familiar with this matter than anyone posting here and I would say that your Attorney has looked into the facts and circumstances and already given you binding legal advice.

    I don't understand why the roofer has no liability but I don't know (nor did I investigate) this case.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,505, Reputation: 4600
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    #11

    Aug 1, 2008, 10:02 AM
    Quote Originally Posted by progunr
    The homeowner is the first in line for the liability.

    Normally, in such a case, your homeowners would take care of the claim, and then go after the contractor.

    You didn't really hire someone without insurance coverage, did you?


    Not in NYS - in NYS it's reversed. It's the contractor (assuming there is insurance) and then the homeowner.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,505, Reputation: 4600
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    #12

    Aug 1, 2008, 11:07 AM
    Quote Originally Posted by chaoss1
    He has no insurance. He said basically I won't get anything meaning a judgement will be placed against him but its doubtful i will see anything, but why is that doubtful?


    You have posted two different things - it's either one or the other.

    You either CAN get a Judgment against the roofer but he has no insurance, no money, will never pay you

    - OR -

    You can't win against the roofer.

    Why can't you collect from the roofer? A lot will depend on his business set up - incorporation, d/b/a, individual.

    I notice the roofer was uninsured so that's why the homeowner (and the homeowner's insurance) is a better way to collect.

    You appear to be questioning your Attorney - before you go to trial you had better decide if it's worth it (or take whatever has been offered).

    I don't know why an Attorney would take this case if he/she didn't think he/she could collect so I am going to guess he/he feels the case against the homeowners is strong.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,505, Reputation: 4600
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    #13

    Aug 1, 2008, 12:53 PM
    Quote Originally Posted by chaoss1
    I think my lawyer meant even if you get the judgment you will never get anything. Maybe he just doesn't want me to get too confident I don't know.
    This case is a matter of who is responsible not IF someone is. So the jury will not hear he has no insurance. He is going after the homeowner as well hoping the jury will find them if not all responsible partially. I khow nothing about judgments and don't know if the roofer was inc or not. But if a person hires an uninsured contractor aren't they responsible for damages? Nothing was ever offered so we couldn't take an offer. thanks


    No, the homeowner isn't automatically responsible for damages. The homeowner does have some responsibility, however.

    Again - would have to know a lot more about the accident. How many people in the area were not injured, exactly what happened, was the homeowner aware of the problem, was the homeowner aware the contractor had no insurance - ?

    And I have never heard an Attorney tell a client not to get too confident. I've heard them say not to get too "cocky" on the stand but never not to get too confident so the client doesn't get disappointed.

    I trust this is a personal injury attorney with courtroom experience?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,505, Reputation: 4600
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    #14

    Aug 1, 2008, 05:38 PM
    Quote Originally Posted by chaoss1
    Yes he is a personal injury attorney. He didn't tell me not to get too confident. The only person was hurt was me. The homeowner was aware that the shingles were left on the roof at the end of the day a shingle flew off at night and hit me in the face breaking my nose, lacerating my eye etc. I dont know if they knew he had no insurance.


    Please come back and let us know what the jury decides.

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