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broken ankle · Feb 12, 2010, 01:59 PM

I recently fell and broke my ankle. The accident occurred while I was visiting my parents home. My dad was shampooing the carpet and left a large amount of water on the tile directly below the staircase. As I came down the stairs I slipped on the wet tile and broke my ankle in three places. I will need to have surgery and have a metal screw and plate placed in my ankle permanently. I had just started a new job and will be out of work for some time. So my question is, Can I sue my dads homeowners insurance? Can he file a claim against his insurance? How does this work?

twinkiedooter · Feb 12, 2010, 02:03 PM

Do you live there or where you visiting. If visiting, then you can. If you live there, you can't.

nikosmom · Feb 12, 2010, 02:03 PM

Sure, you're entitled to file a claim. The Medical Payments on the policy would cover your injuries and medical expenses and the Liability would cover your missed time from work. After all, he was negligent by leaving the water on the floor which caused you to get hurt.

The question is: Do you really want to put your parents through this? I mean legally speaking, you have every right to file the claim for your losses. It's just a matter of depending on much you stand to gain monetarily versus what you stand to lose by damaging your relationship with your parents.

But yes, you could file a claim for this situation.

broken ankle · Feb 12, 2010, 02:43 PM

Originally Posted by nikosmom

The question is: Do you really want to put your parents through this?? I mean legally speaking, you have every right to file the claim for your losses. It's just a matter of depending on much you stand to gain monetarily versus what you stand to lose by damaging your relationship with your parents.

But yes, you could file a claim for this situation.

I'm worried about how this will affect my parents as well. Will their insurance go up? I wasn't considering this until it was brought to our attention by another family member. She thinks I should file the claim and says it won't hurt my parents. My dad is concerned about my ability to pay my bills since I will be out of work. I just started the new job so I don't think I'm eligible for unemployment or disability. He feels guilty about leaving the water on the floor. He says to do it and he will have to deal with any increase in their insurance rate.

Not sure I want to go through with it yet. Just need advice on what my options are I guess.

nikosmom · Feb 12, 2010, 03:03 PM

Yes, it could affect their rates. A few things will be factored in. For one, it depends on how long he's been insured with his current company. If he's been insured with them for a long time with no claims, then he may not see much of an increase. Also, the total amount that the company ends up paying out makes a difference too.

If he hasn't been with the company long (usually less than 3 years) then he could possibly be cancelled.

You may want to see how long you expect to be out of work etc before making your decision. If it were anyone else, I'd say to file the claim. However, I understand that you wouldn't want to put your folks in a bad situation where they're possibly facing not being able to get insurance elsewhere.

ScottGem · Feb 12, 2010, 03:10 PM

First, before you sue, just file a claim. This comes under their liability coverage and they may cover it. The only way you need to sue is if they deny the claim. In which case you sue both your parents and the carrier.

broken ankle · Feb 12, 2010, 05:52 PM

My parents have had the same homeowners insurance since they have owned this home, 10 years. They have only filed one claim in the past for some water damage which only paid them around $1000.

Originally Posted by ScottGem

First, before you sue, just file a claim. This comes under their liability coverage and they may cover it. The only way you need to sue is if they deny the claim. In which case you sue both your parents and the carrier.

Oh so filing a claim is not really suing, I see. That makes me feel a little better about it. But who files the claim, me or my dad?

Also, I have medical insurance so my medical bills are covered. So I guess I would be filing a claim for lost wages, future medical bills, pain and suffering?

ScottGem · Feb 12, 2010, 06:09 PM

I believe you file the claim since you were the injured party. But have your dad call his agent or the carrier to make sure.

As for your medical bills, didn't they ask if the injury was a result of an accident?

Fr_Chuck · Feb 12, 2010, 06:16 PM

You don't sue the insurance company, you will have to sue your parents, many companies will not pay unless one party sues the other.

But you can try making a claim against your parents, who will turn it over to the insurance, it will depend on the company if they will require you to sue parents first.

Next yes it will effect their insurance, either their rates are likely to go up, but very likely they can expect to be cancelled

ballengerb1 · Feb 12, 2010, 07:16 PM

My experience is a single claim won't raise rates or cause cancellation but since Katrina and a few other disasters there are companies looking for a reason to dump clients. Ask your agent how his employer will react to the claim. This is what insurance is for so don't be shy if your claim is valid

nikosmom · Feb 12, 2010, 07:36 PM

It really doesn't matter who files the claim- either you or your dad could call it in. Filing the claim is just a matter of reporting it and getting the ball rolling.

The insurance company is looking to keep their costs down so they're going to check into the validity of the claim before they pay your for lost wages, etc. More than likely you will need a lawyer to help you with this. Sure your dad was negligent by leaving the water on the floor where you slipped but the insurance company won't just write a blank check for your time missed from work. That's where things could get a little hairy and you may need legal representation (who will often take their fee from any settlement you're awarded).