I have a liability claim against at fault parties for damages. What duty due I owe to my health insurance co?

Posted on July 14th, 2008 by admin

Filed under liability claims | 2 Comments »

( Premises liability)There are about $ 20,000 in medical bills. Will the health insurance co file a lien against the at fault party's insurance company or will they have a right to my settlement. Also, the at fault party has $ 5000 in med pay coverage. Would my health insurance be able to file a claim against that? My health insurance co - bcbs has been VERY uncoopertive in explaining this to me. Thank you.

They will have a right to your settlement, under the "transfer of rights of recovery" section.

Yes, they can attach the medical payments amount, OR any liability payment amount, up to how much they paid out.

Who is responsible for filing liability claim under renter's insurance?

Posted on July 14th, 2008 by admin

Filed under liability claims | 6 Comments »

The washing machine I own malfunctioned and flooded part of the apartment I rent. The landlord is billing me for charges incurred for replacing the carpet padding and providing blowers to dry the carpet.

I have renter's insurance and have been told that the damages should be covered by the liability portion of it.

I asked the rental office's manager to file a liability claim with my insurance company, but she refuses to do so and wants me to pay the bill right away.

I have also been told that I can not file this claim against myself. Is this information correct? If so, what should I do?
Thanks to everyone. I am clueless in these matters.

I have already reported the incident and an adjuster came over. She denied a claim because none of my belongins were damaged. But I have been told by someone to tell my landlord to file a liability claim against my policy.

Under "Liability Coverages" my policy indicates that "if a claim is made or a suit is brought against any insured because of bodily injury or property damage caused by an occurrence to which this coverage applies, even if the claim is false, we will:
a. pay up to our limit of liability for the damages …"

And under "Peril Insured Agains" it also indicates:
"Accidental discharge or overflow of water … from within a household appliance."

Is there a way they can deny the claim ?

Since the renters insurance policy is in your name, you would file the claim yourself. If you call your insurance company someone should be able to help you with this. Then, some companies will pay your landlord directly. With others, you would pay your landlord & the insurance company will reimburse you.

Public liability claims, boring but what to do ?

Posted on July 14th, 2008 by admin

Filed under liability claims | 8 Comments »

Hi Folks,

About a year ago, I was mown over by an errant driver on the path. No serious bodily damage, as I leapt over the bonnet & up the windscreen at the last moment.

Oh, torn jeans etc as I arrived upside-down on the pavement, but today have received a settlement offer of a lousy £300 from the Motor Insurance Beuraux.

Should I just take it and call it a day, as all the wounds have healed, or fiddle on with a higher claim ?

Bob

If this is their first offer I would refuse it, they are obviously accepting liability. £300 sounds very low, think of what you might consider acceptable add 20-30% tell them thats what you would accept, hopefully they should come back with an offer nearer your figure. Don't be greedy - not that you come over as greedy.

i need your help ppl …. what product liability claims could they legitimately raise ?

Posted on July 14th, 2008 by admin

Filed under liability claims | 2 Comments »

an 11-month-old child pushed on a window screen that gave way,allowing him to fall from the second story of his aunt;s house,the child parents ued the screen maker.

what product liability claims could they legitimately raise?

decide. explain pleas…..

IMO: They would only have a claim if the screen manufacturer said that the screen would support the weight of a 1 yo (or thereabouts) child pushing against it. Because the screen did **not** support the child, the parents could bring up the issue of poor workmanship if the manufacturer said it was supposed to. Other than that, they're SOL.

Does the wife of a deceased sole proprietor have any liability for claims filed against him?

Posted on July 14th, 2008 by admin

Filed under liability claims | 4 Comments »

Assets of the business passed to his estate…estate has already been settled and disposition made by court
The estate was settled by the courts in November of 2006. The lawsuit was not filed until June of 2007
The claim was regarding an event which the plaintiff says occurred in June 2004.
Notice to Creditors was published twice and proof of publication filed with Affidavit of Non-Mailing.

You don't take over a sole proprietorship, the entity ceases to exist when the sole proprietor ceases doing business.

If he left you any assets, yes you can be liable for the debts of the business. A sole proprietor is personally liable for claims against the sole proprietorship. In other words, if the sole proprietorship has debts, those debts can be required to be paid by his personal assets not related to the business.

So, pay the debts out of his assets, or get legal advice before a judgement is made against assets you inherited from him.

Could keeping your eyes open right before an accident help minimize injury?

Posted on July 14th, 2008 by admin

Filed under accident injury | 3 Comments »

My girlfriend always tends to close her eyes when shes passenger in the car whenever someone cuts me off or an aggressive maneuver has to be performed to avoid an accident.

Well she was in a car accident as a passenger. I wasn't driving. The driver hit a tree, my girlfriend had a punctured liver and a fractured back disc, nothing happened to the driver or the 3rd person in the back seat. Do you think if she had kept her eyes open she would've been able to anticipate the impact and do a better job bracing herself/ tensing up her muscles or hanging on to something?

If you close your eyes you can't anticipate anything so it seems you would be much more vulnerable.

Does this hold any truth?

You probably wouldn't be able to regulate whether you kept your eyes open or not. It would depend on the situation and how fast things happened. Your eyelids close as a natural defense to protect the eyes themselves. As far as bracing, you may suffer more injury than if you were more relaxed (if that's possible) in a collision.