Legal Question in Insurance Law in Missouri

Re: Will Homeowner's Pay more than 1000 med Pay?

I would need more information to answer the question accurately. But, in general, if the injury happened on her property, which is covered by her homeowners insurance, the medical payments coverage portion of that policy will pay the reasonable and customary medical bills that you incurred as a result of this injury. That portion of the policy typically will not provide money for lost wages, present or future disability, pain and suffering, future medical expenses (after a certain period of time), or anything else.

Your injuries are more severe, so that her $1000 in medical payments does not fully compensate you. In order to have these other types of elements covered a different portion of her insurance policy, you must be able to show that she was somehow careless or negligent in causing, or allowing, you to fall.

You did not explain the details of why she didn't get the ladder for you. (Was she physically unable to get it? Did she not have enough time prior to your falling? Did she just forget? Was the neighbor not home?)

In addition, the insurance company may claim that this is wholly or partially your fault, which would reduce your recovery by your percentage of fault. For instance, they may ask why you didn't have the ladder in place before you went up, and take the position this is your own fault.

Your question is not exactly clear, but it seems to be saying that your own health insurance company will not pay your medical bills because of the supposed potential for you to have these bills paid by the homeowner�s insurance carrier. I'm generalizing here, because I have never seen your policy, or the homeowner�s policy, but it seems to me that your health insurance company's denial of your health insurance claim is probably wrongful, and that you should immediately go back to them to get these bills paid promptly. These are some complicated questions so once you start getting into these health insurance issues, including whether or not the Employee Retirement Income Security act of 1974 �ERISA� applies.

I help this helps.

Rob Curran

Curran Law Firm

4608-B South Campbell Avenue

Springfield, MO 65810

www.CurranLawFirm.com

Re: Will Homeowner's Pay more than 1000 med Pay?

It is not possible to accurately answer your question without first gathering more facts about what happened. Your friend's homewners policy may have coverage available if your accident was caused by your friend's negligence. Also, there could be coverage available if you were removing the debris from your friend's roof because her insurance company denied the claim relating to the debris. I would recommend that you consult with an insurance attorney to explore your options. Please let me know if you would like to discuss. I may be able to help guide you in the right direction.