Legal Question in Personal Injury in Washington

insurance coverage

I fell on ice in the parking lot at the apartment where I live. I have expenses from my recovery that were not covered by my health insurance. How do I go about getting these paid by the business or their insurance?


Asked on 2/02/08, 6:28 am

3 Answers from Attorneys

James J. White, attorney Law Offices of Smith & White, PLLC

Re: insurance coverage

There are very few instances of strict liability (the person/business is responsible for your injury no matter what). Usually, you must make a showing of negligence on their part. Was the ice danger unusual in some way that they should have done something about it or was it just an icy day everywhere?

At your service,

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Answered on 2/02/08, 11:41 am
Merry Kogut Key Peninsula Law

Re: insurance coverage

You need to put together a letter, with attached invoices, and mail it to the business by certified mail, return receipt requested. Be sure to include the amount that your health insurance company has paid on your behalf to date, because you may have to pay your health insurance back some or all of the amount they paid on your behalf.

The business will most likely forward your letter to its insurance company, who will try to settle the matter with you.

If you are not happy with their offer of settlement you may want to hire an attorney to negotiate for you, keeping in mind that the attorney will probably want 33% or more as a commission.

I hope this helps. I am not accepting cases like this myself at the moment, but there are many fine attorneys out there who can help you.

Good luck!

Merry

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Answered on 2/02/08, 12:01 pm
Ryan Nute Myers & Company, P.L.L.C.

Re: insurance coverage

The owner of the complex may have "med-pay" coverage that would help with some of your immediate needs. However, as Mr. White pointed out, it would be necessary to prove that the complex was negligent to recover the full extent of your damages--in essence, that the complex caused the ice to build up or knew or should have known it was there but didn't take the opportunity to remove it.

Ryan

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Answered on 2/02/08, 12:24 pm


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