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| *Ostroff, Fair and Company>>>Insurance |
Whose insurance pays? |
my friend invited her friend over to the house where i was house sitting. she is in her 30's. she drank 10 beers in a hour, she was very drunk. she took a wrong turn and ended up falling down the stairs. this definitely would not have happened if she was sober! anyway, she said her arm hurt. she fell asleep and we assumed she would be fine in the morning. her arm still hurt in the morning, and my friend took her to the ER. she broke her arm. now she is saying that her medical insurance won't pay for it, and she want's the homeowner's insurance to pay for it..... If you served her the beer you could be stuck picking up the cost. I know that bars can be held responsible. From what I know it would come from the homeowner's insurance, but you could probably fight it since she would not have done it if she hadn't drank so much. But, I am not an expert. Unless this incident was reported to the homeowners right away, you have no real case of them picking up the tab. Logic says that this could have happened someplace else. The injured persons medical insurance will pay for any accident she has, within the limits of the policy. Based on what you have provided, there should not be any exclusions to prevent payment. As for liability, and if the case were to go to court, everyone in the incident you describe has some part. You, for allowing the friend of a friend to enter the house, you and your friend for allowing the injured party to over-consume at a property under your control. The owner of the property for allowing the event to happen in general and , the injured for over consuming. You should hope this gets settled without legal action on the part of the injured. property owner is liable. In my state (Kansas) the medical coverage would pay up to the limits, usually 1k. With regards to the liability coverage the friend would have to prove negligence on someone else in order for her to collect. Sounds to me like she is negligent for her own injury so the medical coverage would be all that would apply. Typically you will see the medical insurance deny claim until they get a letter from the homeowner's insurance advising that there is no coverage or benefits exhausted. Her medical insurance should cover it under emergency care. There may be another reason they are denying the claim (such as the bills were not submitted in a timely manner or she lied on a claim form), but then she may be excluded from collecting from anyone else if it was her fault or the hospital's fault. She can sue the homeowner and probably win a judgement for negligence though. |
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