Does my medical insurer have the right to go after another homeowner’s insurance company for injuries I sustained at a private residence?
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Does my medical insurer have the right to go after another homeowner’s insurance company for injuries I sustained at a private residence?
I sustained injuries when I slipped and fell down a flight of steps at a homeowner’s private residence.
Asked on March 27, 2012 under Personal Injury, Wisconsin
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Yes, your medical insurer can go after the homeowner's insurance carrier for your injuries.
Your personal injury claim should have been filed with the homeowner's insurance carrier. The homeowner's insurance carrier is liable based on premises liability. When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of any wage loss. Your personal injury claim filed with the homeowner's insurance carrier should include these items. Compensation for the medical bills is straight reimbursement. Compensation for wage loss is straight reimbursement. The medical reports will document the nature and extent of your injuries and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills. If you are dissatisfied with settlement offers from the homeowner's insurance carrier, reject the settlement offers and file your lawsuit against the homeowner based on premises liability. If the case is settled with the homeowner's insurance carrier, NO lawsuit is filed. If the case is NOT settled with the homeowner's insurance carrier, you will need to file your lawsuit against the homeower prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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