Legal Question in Insurance Law in Missouri
Back Injury
October of 2005, my college-aged son leaned on the railing of his roommate/landlord's deck. The railing broke and he fell 8' breaking his back creating over $12,000 in hospital bills. (Since then, more railing has fallen off) Up until now, both the landlord's homeowners and our health insurance denied any payment. The hospital turned my son into a collector's agency which I am afraid will ruin his credit rating. Finally, the homeowner's insurance called my son last week stating that it is comparitive negligence and wanting to settle over the phone, asking what he wanted. My son has not given them an answer yet. Our health insurance said they will have an answer for us sometime this week as to what they will pay, if anything, towards his hospital bills. I am worried about future surgeries which normally occur from a broken back and his credit rating as he is just getting one established. I do not understand the run around these insurance agencies are giving us. Am I missing something here? I thought this is the very reason for purchasing insurance.
3 Answers from Attorneys
Re: Back Injury
You should be EXTREMELY careful about accepting a settlement from the property owner's insurance company. Your health insurance, likewise, should have paid these bills. I have significant experience in bad faith insurance issues (www.careypersoninjury.com) and would be happy to assist.
Jeff Carey
Re: Back Injury
It sounds like the insurance company may be trying to take advantage of your son. If it turns out that the landlord knew or should have known about the integrity of the railing, he is responsible for all of your son's medical bills, past and future, as well as lost wages, pain, etc. Your son needs to have a firm understanding of what he is entitled to before he settles. Once the settlement is done, you can never go back for more money regardless of the circumstances. If you would like to discuss this with me further, please feel free to contact me at [email protected].
Re: Back Injury
What you are experienceing is an excellent example of why people with serious injuries like your son's should hire an attorney in almost every single case. The insurance companies are NOT there to pay anything that that they are not compelled to pay. The adjuster's job is to get the claim settled for as little as possible. If I were you, I would consult with an attorney immediately and advise the homeowner's insurance company adjuster that you are getting a lawyer. Do not let them take advantage of your son! As you may know, most attorneys will take this type of case on a contingency fee basis, so that you will not have to pay the attorney any fees out of your own pocket. You may have to pay the expenses such as the costs of obtaining medical records, the cost of filing suit if one is needed, and so forth, but an attorney will give you the best chance of obtaining a fair result for your son. If you do not know an attorney to consult, you may call me at the office for a free telephone consultation.
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