goldberry Posted June 25, 2015 Share Posted June 25, 2015 Someone visiting your home falls and breaks their arm. This person does not have health insurance. This is someone you consider a good friend. After the incident is over, the person calls you and asks you if you have homeowners insurance. What is your reaction at this point? 1 Quote Link to comment Share on other sites More sharing options...
maize Posted June 25, 2015 Share Posted June 25, 2015 Normal in our society, that is what the liability portion of your HOI is for. Though you might consider just paying out of pocket if the expenses are not ridiculously high. FWIW, if they did have health insurance their insurance company would be suing you to recover costs. 23 Quote Link to comment Share on other sites More sharing options...
zoobie Posted June 25, 2015 Share Posted June 25, 2015 Mad? No. That's why I have homeowner's insurance. We have had two ER trips that resulted in our health insurance holding payment of a claim pending an investigation of the accident. We had to fill out paperwork regarding how the injury occurred for them to determine that it should be covered by them and was not the responsibility of another type of insurance. All that to say--even if the person has health insurance, you may be asked to provide liability Insurance information to a person who is injured on your property. 7 Quote Link to comment Share on other sites More sharing options...
goldberry Posted June 25, 2015 Author Share Posted June 25, 2015 I am not either of the involved parties. :) I know the homeowner casually, and the homeowner was quite angry as soon as the person asked that question. She refused the give the person the information about her insurance and would no longer discuss the issue with the person. The broken arm person then got a lawyer. Homeowner feels she was victimized. Quote Link to comment Share on other sites More sharing options...
Jackie Posted June 25, 2015 Share Posted June 25, 2015 Health insurance companies always go after homeowner insurance companies if something might be covered by them. so I wouldn't be bothered at all by it. 9 Quote Link to comment Share on other sites More sharing options...
goldberry Posted June 25, 2015 Author Share Posted June 25, 2015 Homeowner was shocked that "such a good friend would even consider filing a claim on homeowner's insurance". She could not believe friend would ask that question and that their friendship was clearly over. Then of course she got REALLY mad when friend got a lawyer. But honestly I wasn't surprised friend got a lawyer when homeowner told me how she responded to the phone call. She told the person, "I'm not giving you my homeowner info and this conversation is over." 2 Quote Link to comment Share on other sites More sharing options...
Spryte Posted June 25, 2015 Share Posted June 25, 2015 How sad. No, I wouldn't be mad. This is part of why we carry HOI, and regardless - I would want to help friend in any way possible. And if friend had had health insurance, they would have gone after the homeowners policy, too. 9 Quote Link to comment Share on other sites More sharing options...
goldberry Posted June 25, 2015 Author Share Posted June 25, 2015 I am in agreement with the comments here.. I would have no problem with a friend filing a claim with my homeowners insurance for an accident that occurred in my home. I would be upset if they tried to defraud me or claim the injury was worse than it was. But just to get medical bills, etc. covered, that seems perfectly normal to me. I was really surprised this person took offense right at the beginning. Just made me curious if anyone else would have felt that way. 5 Quote Link to comment Share on other sites More sharing options...
Tap Posted June 25, 2015 Share Posted June 25, 2015 Agreeing with others....that is why we have insurance. Quote Link to comment Share on other sites More sharing options...
Tess in the Burbs Posted June 25, 2015 Share Posted June 25, 2015 I guess my question is how did she fall? Was she drinking too much wine and fell down the front step? Did she trip on the shag carpet coming down the stairs? Or does she fall a lot due to vertigo? Or was it truly just a random thing and she fell over? I think it's fair to give the homeowner info if she fell in a way that is related to the house/property being at some fault. Sad they will no longer be friends. perhaps the homeowner needs a sign by the road...don't come on the property unless you are medically insured and won't file on my HOI ;-) 5 Quote Link to comment Share on other sites More sharing options...
mommymilkies Posted June 25, 2015 Share Posted June 25, 2015 Honestly, I think it's in bad taste. But I guess that's what HOI is for. ETA: I have never ever ever seen someone file a HOI claim for an injury at another person's house so it's so far out of my understanding that I would put this in the "asking to end a friendship and never be invited to another person's house ever" category of friendship activity, but that's just my area and culture. I agree it depends on the circumstances of the fall, too. Was it the homeowner's fault? That's where I'd say it's definitely understandable. I know my deductible is high, so paying that would literally mean I couldn't feed my kids for half a year. Things like this make me not want anyone ever to step on my property. 31 Quote Link to comment Share on other sites More sharing options...
Lisa R. Posted June 25, 2015 Share Posted June 25, 2015 I guess my question is how did she fall? Was she drinking too much wine and fell down the front step? Did she trip on the shag carpet coming down the stairs? Or does she fall a lot due to vertigo? Or was it truly just a random thing and she fell over? I think it's fair to give the homeowner info if she fell in a way that is related to the house/property being at some fault. Sad they will no longer be friends. perhaps the homeowner needs a sign by the road...don't come on the property unless you are medically insured and won't file on my HOI ;-) Yes. I think the question should be, "how did the injury occur?" My dd broken two fingers while at someone else's house. She was playing in the backyard with other children and fell while running with them. While the accident occurred on their property, it had nothing to do with their house or yard. Our health insurance paid for the charges, and we paid the additional charges due to deductibles and such. I would never have expected the homeowner to share in that responsibility. If a friend were to expect my homeowner's policy to pay for an accident like this, I would be an annoyed homeowner too. If the accident occurred as a result of negligence or carelessness on the property, I think homeowner's insurance should cover it. I'm not an insurance expert, but I have always assumed it worked that way. 30 Quote Link to comment Share on other sites More sharing options...
J-rap Posted June 25, 2015 Share Posted June 25, 2015 I think for me, it'd depend on what caused it. If it were because of a defect in my house or some careless obstacle, then okay. But, for example, if it were a child who was just running and fell, or climbed a tree with his mother's permission and fell, I guess I'd be a little bothered by it. I mean, usually one claim brings up the insurance, doesn't it? We had to file a claim on our homeowner's insurance once when a pipe burst while we were out of town. After that, or rates hiked up. Of course if it were a good friend, I'd probably suck it up and do it, but it would feel a little weird to me. I don't think I would even consider asking someone to use their homeowner's for an injury that occurred to me while at their house. 2 Quote Link to comment Share on other sites More sharing options...
poppy Posted June 25, 2015 Share Posted June 25, 2015 A fall resulting in an injury with significant cost is the exact reason for insurance. What does that person think insurance is for? Fires and floods and ..... yup, accidents. 3 Quote Link to comment Share on other sites More sharing options...
maize Posted June 25, 2015 Share Posted June 25, 2015 Honestly, I think it's in bad taste. But I guess that's what HOI is for. ETA: I have never ever ever seen someone file a HOI claim for an injury at another person's house so it's so far out of my understanding that I would put this in the "asking to end a friendship and never be invited to another person's house ever" category of friendship activity, but that's just my area and culture. I agree it depends on the circumstances of the fall, too. Was it the homeowner's fault? That's where I'd say it's definitely understandable. I know my deductible is high, so paying that would literally mean I couldn't feed my kids for half a year. Things like this make me not want anyone ever to step on my property. Regarding your last paragraph, the deductible on a homeowner's policy usually applies to property damage but not to medical or liability payments. 7 Quote Link to comment Share on other sites More sharing options...
Tsuga Posted June 25, 2015 Share Posted June 25, 2015 I did not realize it applied to slips, trips and falls. I'd be shocked and surprised but I guess if that's what it was for, not angry in the end. Note to self: don't invite lawyers it litigious slackers in your home. Slackers okay. Just not lawsuit-happy ones. 7 Quote Link to comment Share on other sites More sharing options...
poppy Posted June 25, 2015 Share Posted June 25, 2015 I did not realize it applied to slips, trips and falls. I'd be shocked and surprised but I guess if that's what it was for, not angry in the end. Note to self: don't invite lawyers it litigious slackers in your home. Slackers okay. Just not lawsuit-happy ones. You're not responsible for clumsy, but you are responsible for making the house reasonable safe and well kept. Say the driveway isn't well lit, you don't have a hand rail on a stair case, your walkway is wet and slippery due to poor drainage- stuff like that. Or even just: it's icy. So I guess that is where the feeling insulted thing comes in. Think is, she HAD health insurance, and the bill was significant (like, a break that required surgery and PT) I'm betting the health insurance would have checked in with the homeowners insurance anyway. It's what they do. 2 Quote Link to comment Share on other sites More sharing options...
MomatHWTK Posted June 25, 2015 Share Posted June 25, 2015 For those who want to more on the topic, it will be covered under premises liability law. You may need to narrow your search to homeowners to get the best information. Quote Link to comment Share on other sites More sharing options...
Tenaj Posted June 25, 2015 Share Posted June 25, 2015 Even if the friend didn't intend to seek compensation from the homeowner's insurance company, in my experience, when you go into the ER or Urgent Care for an injury like that the first thing they ask is what happened and where did it happen? If she/he mentioned that it happened at a friends home, that probably made it into the paper work and her medical insurance may not be covering if it could be covered by a different insurance - in this case the homeowner's insurance. Out of pure clumsiness, I fell at our church's property and dislocated my knee cap. The first thing that every medical person wanted to know was where this happened, what happened. Over and over again, I just ignored them when asked where it happened because it wasn't anything that was the fault of the church and I didn't want to involve their insurance. I just kept repeating that I tripped over my own feet and fell. I even received paperwork from my insurance asking the same question. They eventually quit asking and covered the medical costs but if I hadn't realized why they were asking right at the beginning, I'm sure our insurance at church would have had to take the hit, even though it wasn't anything to do with the church. If she wasn't thinking about the insurance aspects right at the beginning, the information probably got "out there" and it's beyond her choice now. 2 Quote Link to comment Share on other sites More sharing options...
creekland Posted June 25, 2015 Share Posted June 25, 2015 I am not either of the involved parties. :) I know the homeowner casually, and the homeowner was quite angry as soon as the person asked that question. She refused the give the person the information about her insurance and would no longer discuss the issue with the person. The broken arm person then got a lawyer. Homeowner feels she was victimized. This sounds like she doesn't understand how liability insurance works. It's too bad that a friendship is over because of it. We had a liability claim on our farm once. It occurred when we were on vacation and a gal who worked for me was taking care of our ponies. She took a friend in to see our stallion. This was NOT allowed by us, but things happen. :glare: The friend got kicked and ended up with injuries. Our insurance paid for it - not many questions asked - and it did not raise our rates. We have a relatively high deductible on our farm, but never had to pay a dime ourselves. We were rather annoyed that the whole thing had happened (context of it), but glad we had insurance to take care of the financial aspect. It's the only homeowner claim we've had in the 18 years we've been here. 2 Quote Link to comment Share on other sites More sharing options...
Um_2_4 Posted June 25, 2015 Share Posted June 25, 2015 I thought that even IF she filed a claim, that the HOI would investigate first, not just hand a check over. Is that incorrect?? I mean if the break was not a result of anything the homeowner did (asked visitor X to climb on the roof to get Y) or neglected to do (no broken stairs, no uneven concrete patio, etc.) Then I did not think the HOI insurance will pay just because visitor X happened to be clumsy in your yard. I mean no one would have any guests over ever iykwim. Or does this vary state to state? 2 Quote Link to comment Share on other sites More sharing options...
marbel Posted June 25, 2015 Share Posted June 25, 2015 As others have said, it would depend on how it happened. If it was something that I could have prevented (loose step on the walkway, or missing stair rail, or other trip hazard), then, OK. But if it was pure clumsiness or carelessness on the other person's part, sure I'd be angry. It would also depend on how I was asked about it. I didn't know, though, that the health insurance company would/might go after the HOI in an accident case. (Maybe the hospital and doctor in the case of an uninsured person?) I guess that makes sense - it's good business for insurance companies not to pay out if they don't have to. Still, it would make me angry if due to someone else's carelessness my insurance rates went up. If someone got hurt on my property and I felt it was because of some unsafe condition, I would tell the person not to hesitate to ask for insurance information if necessary. I admit I hesitate to ask people with little kids over at times; our back yard is not particularly dangerous but there are always hazards. Last year a kid fell out of the hammock after being told repeatedly not to swing it so hard. (The parents said "oh, he'll be OK!") He was crying and holding his head... yeah I felt sorry for him but I was also a little worried about their response and if we would be held responsible. 1 Quote Link to comment Share on other sites More sharing options...
bettyandbob Posted June 25, 2015 Share Posted June 25, 2015 how it happened and who is responsible is determined by the insurance company. Otherwise, most peopl would say their homes where safe and the victim was negligent. So, the process is the injured person makes a claim and the claim is investigated. You can't just be mad because in your judgement no claim should have been made. You have go through the process. That is the dates in our country. It's stupid and places with different healthcare don't face this issue. Your liability extends to your whole property. It can extend to trespassers and icy driveways and sidewalks that run I front of your house. I use a ton of salt in the winter keeping a tiny bit of sidewalk clear. Liability extends to the child who climbs your fence to get a ball and the teens who jump the fence to use your pool while you are away. 3 Quote Link to comment Share on other sites More sharing options...
creekland Posted June 25, 2015 Share Posted June 25, 2015 Liability extends to the child who climbs your fence to get a ball and the teens who jump the fence to use your pool while you are away. We're also responsible if people walking along the road decide to go inside our fences to pet our ponies or get injured from touching an electric wire or fall crawling through the fence... or anything else that happens from an "attractive nuisance." We have a stocked pond and every once in a while someone feels this is fair game to fish in. If something happened to them, it's our fault too. Homeowners are responsible for quite a bit. But we don't let it get to us. My guys have friends over. We've told neighbors it's ok to feed the ponies carrots over the fence (but PLEASE don't go in!!! - and DO NOT ASSUME this applies to other people's critters!!!). We live and enjoy life and assume insurance will be there if it's needed. As stated before, we've only needed it once in 18 years. I'm not worried. 2 Quote Link to comment Share on other sites More sharing options...
MotherGoose Posted June 25, 2015 Share Posted June 25, 2015 If the person has no health insurance, I can understand why they might want help paying the bill. That is what insurance is for. Now if they started going after more than just the medical bills, I would be mad. Pain and suffering and all that. Accidents happen, and the cost of a broken arm could be devastating to people out of pocket. Quote Link to comment Share on other sites More sharing options...
mamaraby Posted June 25, 2015 Share Posted June 25, 2015 Even if she had insurance, her health insurance policy would have the right to subrogation and may have sought reimbursement from the homeowner's insurance anyway. My health insurance is incredibly subrogation happy and will deny any and all claims that look like an accident until you return the accident form. Ds stuck a crayon in his ear and got a little bit of it stuck? Accident form. I dropped a cast iron griddle on my toes? Accident form. In both cases I wondered who else they thought might be responsible. The griddle? The crayon? Dd fell at my parents house and split her chin requiring stitches...still waiting on that form to show up. It's annoying and causes all sorts of difficulties because my insurance is slow and then the providers start expecting me to pay for the charges, but this is the way things work in the US. In the instance mentioned in the OP, I might be a little annoyed, but I'd just be glad I had insurance. I imagine now that the lawyer is involved, they'll have other ways of finding out her homeowner's insurance policy information. I'd also be really glad, if I were that person, that I had insurance and that they would take care of it all for me. imo, she would have been better off calling in a claim on her insurance first thing, before the lawyer got involved. It would likely have saved her a lot of stress and could have ended up saving her homeowner's insurance some money in the long run. 1 Quote Link to comment Share on other sites More sharing options...
PrincessMommy Posted June 25, 2015 Share Posted June 25, 2015 How sad. No, I wouldn't be mad. This is part of why we carry HOI, and regardless - I would want to help friend in any way possible. And if friend had had health insurance, they would have gone after the homeowners policy, too. This! If I had a friend who was injured at my home I would want to help them. I'm surprised the homeowner was so upset by this. 3 Quote Link to comment Share on other sites More sharing options...
JumpyTheFrog Posted June 25, 2015 Share Posted June 25, 2015 This kind of thing is why we won't have a pool or trampoline. I am even concerned that getting a swingset would be considered an "attractive nuisance." I don't want to worry about getting sued for trespassing kids getting hurt. 3 Quote Link to comment Share on other sites More sharing options...
shawthorne44 Posted June 25, 2015 Share Posted June 25, 2015 I would consider the friendship over too. Unless there was something defective with my house that caused her to fall. But, really, if I have to tell someone "No, you can't come to my house because I'm afraid you will sue me.", the friendship is dead. If the question had been instigated by a third party, then I wouldn't have blamed the friend. I remember cutting myself while a waitress and I went in to get stitches in my black and white outfit. They immediately started asking questions of where I was and was I working. The Doc-in-the-box contacted the restaurant. 1 Quote Link to comment Share on other sites More sharing options...
bettyandbob Posted June 25, 2015 Share Posted June 25, 2015 I would consider the friendship over too. Unless there was something defective with my house that caused her to fall. But, really, if I have to tell someone "No, you can't come to my house because I'm afraid you will sue me.", the friendship is dead. If the question had been instigated by a third party, then I wouldn't have blamed the friend. I remember cutting myself while a waitress and I went in to get stitches in my black and white outfit. They immediately started asked questions of where I was and was I working. The Doc-in-the-box contacted the restaurant. You wouldn't blame a friend who had health insurance and her health insurance made a claim, but you will blame the friend who does not have access to complete health coverage and makes a claim directly? I guess you should avoid having low income friends. Perhaps question friends about their health coverage. 7 Quote Link to comment Share on other sites More sharing options...
gingersmom Posted June 25, 2015 Share Posted June 25, 2015 It would never even occur to me to file a claim against a homeowner if I got hurt in their home. Has anyone ever filed a claim against a friends/acquaintance insurance company? 9 Quote Link to comment Share on other sites More sharing options...
lovinmyboys Posted June 25, 2015 Share Posted June 25, 2015 Agreeing with others that the health insurance would have gone after the home owner anyway. We have good insurace and when my son broke his arm (just a routine childhood accident) we had to fill out the accident form before insurance would cover it. We have a neighbor with a trampoline and a friend was jumping on it and broke her ankle. The friend did not go after the neighbor, but their health insurance did. I do think it is sort of weird. Accidents happen and if it is truly an accident (not neglect) it shouldn't matter where it happened. Health insurance should pay for it. 2 Quote Link to comment Share on other sites More sharing options...
Bluegoat Posted June 25, 2015 Share Posted June 25, 2015 I would never blame an individual for this but i would consider it a sign of the imminent demise of the society and would redouble my efforts to move to a place very far away. Quote Link to comment Share on other sites More sharing options...
marbel Posted June 25, 2015 Share Posted June 25, 2015 You wouldn't blame a friend who had health insurance and her health insurance made a claim, but you will blame the friend who does not have access to complete health coverage and makes a claim directly? I guess you should avoid having low income friends. Perhaps question friends about their health coverage. If the injured person had health insurance, the decision to seek payment from the homeowner may have been out of the injured person's hands. (I hadn't known that, but several people have made that point.) I think what some people are objecting to (maybe just me and the person you quoted?) is the notion that a homeowner is responsible for paying for any accident or injury that happens on their property, whether it is their fault or not. Yeah, I'd be angry if a kid got hurt falling off my hammock when I'd told him not to swing it so hard and the parents made no attempt to back me up - but then came after me for payment for his injuries. It would be different if their health insurance company forced them to seek damages from my HOI. It can also make a difference how the injured person approaches it. "Hey, I got hurt at your house, so I need your insurance information to make a claim." "Hey, I'm sorry to have to ask this, but when I went to the doctor after I fell at your house, my health insurance made me fill out an accident form and now I need your homeowner's insurance information." (Obviously I have no idea how the friend in the OP's story approached it.) And, you know, what difference should it make if the injured person has insurance or not, or has money or not? If it's my fault, I'd take responsibility. If it's not my fault, perhaps out of friendship I might offer to help with their bills, but there should be no obligation to do so. 1 Quote Link to comment Share on other sites More sharing options...
SproutMamaK Posted June 25, 2015 Share Posted June 25, 2015 I wouldn't be upset. Well, I suppose I would a little bit, because if a friend was injured and had no health insurance, I'd probably offer to help them pay for it myself, and if they decided to sue me rather than take my offer of friendly help I might be a little offended. I'd be annoyed by the friend who's upset by this, actually. I mean, her friend has been hurt, has no insurance and no money to pay her medical bills, and the friend is upset at how this affects HER? Someone in this scenario doesn't seem like a good friend, but it's not the woman who got hurt. 2 Quote Link to comment Share on other sites More sharing options...
Sarah CB Posted June 25, 2015 Share Posted June 25, 2015 A fall resulting in an injury with significant cost is the exact reason for insurance. What does that person think insurance is for? Fires and floods and ..... yup, accidents. I hadn't really considered accidents as being the reason I have home insurance. But, then again in Canada if someone breaks their arm they can just go and get it fixed without worrying about insurance or suing people. 10 Quote Link to comment Share on other sites More sharing options...
mamaraby Posted June 25, 2015 Share Posted June 25, 2015 I think what some people are objecting to (maybe just me and the person you quoted?) is the notion that a homeowner is responsible for paying for any accident or injury that happens on their property, whether it is their fault or not. Yeah, I'd be angry if a kid got hurt falling off my hammock when I'd told him not to swing it so hard and the parents made no attempt to back me up - but then came after me for payment for his injuries. It would be different if their health insurance company forced them to seek damages from my HOI.Meh. My state is a MedPay state when it comes to auto insurance so while there is such a thing as bodily injury claims that are made depending on fault, there's also coverage available on my own auto insurance policy to pay for injuries regardless of who is at fault. There is both a liability based personal injury coverage and a medical expense coverage that is available regardless of legal liability on your homeowner's insurance. The liability based one is usually a lump sum that is negotiated based upon liability decision while the non-liability based coverage functions much like health insurance. In other words, they pay claims according to U&C charges that relate to the injury received while on the property. No need to determine fault and nothing to do with negligence or blame. it's a good reason to know your policy and your coverage. The OPs friend could have perhaps saved herself a lot of stress and kept a friendship if she better understood her homeowner's insurance coverage. 2 Quote Link to comment Share on other sites More sharing options...
shawthorne44 Posted June 25, 2015 Share Posted June 25, 2015 You wouldn't blame a friend who had health insurance and her health insurance made a claim, but you will blame the friend who does not have access to complete health coverage and makes a claim directly? I guess you should avoid having low income friends. Perhaps question friends about their health coverage. I was misunderstood. I don't see that the friend having health insurance matters at all. If it was the doctor's office calling, I wouldn't be offended. I've filled out a few forms related to injuries, and they've asked how it happened and where you were. Plus, "ordinary care" is required of homeowners. If there was something wrong with my home, I'd have offered to pay for medical at the time it happened, directly. Regardless of whether she had health insurance or not. If there wasn't anything wrong with my home, then friend would be trying to steal from me. Quote Link to comment Share on other sites More sharing options...
Bluegoat Posted June 25, 2015 Share Posted June 25, 2015 I hadn't really considered accidents as being the reason I have home insurance. But, then again in Canada if someone breaks their arm they can just go and get it fixed without worrying about insurance or suing people. This is one of the reasons medical care here costs less for the same thing. Lawyers aren't normally getting a cut for this kind of thing. Quote Link to comment Share on other sites More sharing options...
ChocolateReignRemix Posted June 25, 2015 Share Posted June 25, 2015 We're also responsible if people walking along the road decide to go inside our fences to pet our ponies or get injured from touching an electric wire or fall crawling through the fence... or anything else that happens from an "attractive nuisance." We have a stocked pond and every once in a while someone feels this is fair game to fish in. If something happened to them, it's our fault too. Homeowners are responsible for quite a bit. But we don't let it get to us. My guys have friends over. We've told neighbors it's ok to feed the ponies carrots over the fence (but PLEASE don't go in!!! - and DO NOT ASSUME this applies to other people's critters!!!). We live and enjoy life and assume insurance will be there if it's needed. As stated before, we've only needed it once in 18 years. I'm not worried. The attractive nuisance doctrine only applies to children. An adult climbing a fence to enter private property without permission may try to make a claim against the property owner if something happened, but barring very exceptional circumstances they would lose. 1 Quote Link to comment Share on other sites More sharing options...
Shellydon Posted June 25, 2015 Share Posted June 25, 2015 I also would never file a claim against homeowners insurance for a fall and broken arm. This is why insurance costs are sky high. I would have ended the friendship too, as I could never have them over again. Filing a claim against the insurance would increase my year payment significantly. I've never heard of anyone filing against homeowners insurance for something like a broken arm. No wonder our country is so screwed up. 2 Quote Link to comment Share on other sites More sharing options...
MyThreeSons Posted June 25, 2015 Share Posted June 25, 2015 This kind of thing is why we won't have a pool or trampoline. I am even concerned that getting a swingset would be considered an "attractive nuisance." I don't want to worry about getting sued for trespassing kids getting hurt. When I lived in CA, pools and trampolines were always in a backyard enclosed by a fence with a gate that had a latch, etc. Here in SC, it is not uncommon to see pools or trampolines in unfenced yards -- they are even in front yards if that is the best (most level) place to put them. Quote Link to comment Share on other sites More sharing options...
Lisa R. Posted June 25, 2015 Share Posted June 25, 2015 This kind of thing is why we won't have a pool or trampoline. I am even concerned that getting a swingset would be considered an "attractive nuisance." I don't want to worry about getting sued for trespassing kids getting hurt. We don't need to live in fear, though. Have adequate insurance and go forward and enjoy your life. We shouldn't let fear of being sued prevent us from having fun in our backyard. Get that swing set! 3 Quote Link to comment Share on other sites More sharing options...
mamaraby Posted June 25, 2015 Share Posted June 25, 2015 Plus, "ordinary care" is required of homeowners. If there was something wrong with my home, I'd have offered to pay for medical at the time it happened, directly. Regardless of whether she had health insurance or not. If there wasn't anything wrong with my home, then friend would be trying to steal from me.She's not stealing from anyone. Read your policy declaration page. I'm willing to bet you have no-fault medical payments coverage. The OPs situation is precisely what that coverage was designed for. No fault required and no impact on your premium. If you don't believe me, ask your insurance agent. Know your coverage. 8 Quote Link to comment Share on other sites More sharing options...
AFwife Claire Posted June 25, 2015 Share Posted June 25, 2015 When my oldest DS was 6, he tripped and fell onto a coffee table corner at a friend's house, splitting his head open and requiring 6 staples to close. DH took him off to the military base ER, no problem. But we were totally shocked when Tricare called, wanting info about our friends' address and contact info so they could go after their homeowner's insurance. We were livid! We made all the same points other people here are making--how can anyone ever have anyone over? Are we supposed to not have furniture around?? Never leave our own house??? How can it be our friends' fault that we had a clumsy 6 year old?? It didn't matter, and we ended up paying out of our own pocket for the expenses, even though we went to a military hospital, and my dh was active duty, since we didn't want our friends' homeowner rates to go up because of ds. I'm still mad about it, honestly, even though it was 12 years ago! So don't think not having a pool or swingset will protect you. You'd better get rid of coffee tables and all your other hard furniture as well! 3 Quote Link to comment Share on other sites More sharing options...
bethben Posted June 25, 2015 Share Posted June 25, 2015 I had a friend fall on the property belonging to a church in which I was staying in due to ice. She broke her ankle in multiple places. She was on medicaid at the time. Months later, I was in Texas serving as a missionary and got a letter stating that I was being sued for medical expenses. Apparently, medicaid didn't want to pay, so people suggested she sue the church for reimbursement. The church's insurance felt like they shouldn't pay either, so they went after me, who had no money, and the janitor of the church who also had no money. I'm not sure what happened because I had to get a pro-bono lawyer who basically told them, this woman has no money and currently has no way of getting any more so leave her alone. This is why I will never state where my family or I have had accidents. 1 Quote Link to comment Share on other sites More sharing options...
TechWife Posted June 25, 2015 Share Posted June 25, 2015 Just an FYI for those of you who say you wouldn't file a homeowners insurance claim for a broken arm. Because this person doesn't have medical insurance, they are facing charges for: ER use ER doctor ER x ray ER radiologist splint/casting supplies in ER orthopedist visits (at least two) orthopedist casting supplies (at least one) orthopedist x ray (at least one) physical or occupational therapy (possibly) surgery & associated costs (possibly) My son has broken his wrist/arm twice. Each time the bills totaled $3,000 before the insurance payment. There are a lot of people who don't have that money in reserve and if they have no medical insurance, it's logical to me that they would see if any other existing insurance policy would cover it. 6 Quote Link to comment Share on other sites More sharing options...
vonfirmath Posted June 25, 2015 Share Posted June 25, 2015 Someone visiting your home falls and breaks their arm. This person does not have health insurance. This is someone you consider a good friend. After the incident is over, the person calls you and asks you if you have homeowners insurance. What is your reaction at this point? I'd be upset. Friends don't sue friends. Quote Link to comment Share on other sites More sharing options...
creekland Posted June 25, 2015 Share Posted June 25, 2015 The attractive nuisance doctrine only applies to children. An adult climbing a fence to enter private property without permission may try to make a claim against the property owner if something happened, but barring very exceptional circumstances they would lose. Not according to our insurance agent, but who knows since it's never been tested? Or maybe it's not "attractive nuisance" with adults, but just pure "liability." Otherwise, it surprises me that so many people don't realize this is what liability insurance is for... we own rental properties too. While the tenant needs their own "content" insurance, the actual house insurance is ours AND so is the liability insurance. The house insurance (house burns down) comes through one insurance company, but the liability insurance (injuries) is on OUR homeowner's policy (same one that covers our farm) for some reason unknown to me, but supposedly either needs to be that way or is less expensive that way. It our tenants have someone over and they get hurt on one of our properties, it's our insurance that covers their bill. Fortunately, this hasn't happened either, but still, I'm glad there's insurance - just in case. It has absolutely nothing at all to do with friendship or whatever. This is the way it works in our country. We can argue whether it should work that way or not - legit argument - but it should never end a friendship IMO! What a waste when that happens. 2 Quote Link to comment Share on other sites More sharing options...
ChocolateReignRemix Posted June 25, 2015 Share Posted June 25, 2015 When my oldest DS was 6, he tripped and fell onto a coffee table corner at a friend's house, splitting his head open and requiring 6 staples to close. DH took him off to the military base ER, no problem. But we were totally shocked when Tricare called, wanting info about our friends' address and contact info so they could go after their homeowner's insurance. We were livid! We made all the same points other people here are making--how can anyone ever have anyone over? Are we supposed to not have furniture around?? Never leave our own house??? How can it be our friends' fault that we had a clumsy 6 year old?? It didn't matter, and we ended up paying out of our own pocket for the expenses, even though we went to a military hospital, and my dh was active duty, since we didn't want our friends' homeowner rates to go up because of ds. I'm still mad about it, honestly, even though it was 12 years ago! So don't think not having a pool or swingset will protect you. You'd better get rid of coffee tables and all your other hard furniture as well! You do realize that providing the contact information doesn't mean there will automatically be a claim the HO policy has to pay, right? 5 Quote Link to comment Share on other sites More sharing options...
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