Legal Question in Insurance Law in Texas

renter and insurance

I have a renter who I gave a 30 day notice on Dec. 1.

A week before she was carrying some boxes up the stairs and fell.

There are no obstructions on the stairs, nothing to trip on. She admitted she shouldn�t have been trying to take the boxes up.

She didn�t go to the doctor that day, she was up and around taking care of business as usual. The next day she went to the emergency room and had x-rays and scans done.

She has Medicare that pays a portion of her doctor bills. After giving her 30 day notice, she asked to file a claim with my homeowners insurance for her doctors bills; or if my homeowners insurance doesn�t cover her, she wants to �handle it personally� (her words).

My response to her was I am not liable for her carrying boxes up the stairs and slipping. I did nothing negligent, since it was her decision to carry boxes up the stairs, that was a decision she made.

My insurance does cover her, but I am not excited to have her file a claim (since I will ultimately be the one to pay the price - higher rates or whatever).

My questions are:

What, if anything, can she do?

Am I obligated to have her file a claim with my insurance company to receive monetary compensation for this injury? What should I do?


Asked on 12/11/08, 2:29 pm

1 Answer from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

Re: renter and insurance

You will NOT have higher rates..call your insurer and quit worrying. Insurance companies know how to deal with worthy claims and certainly deal with unworthy claims. People rarely rip off insurance companies ...but your rates cannot be raised for a claim

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Answered on 12/13/08, 11:37 am


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