My wife fell on someone else's property should we call a lawyer?

Question

My wife rents a retail space and she fell in the parking lot because it was iced over. She wasn't given a key to her back door, even though she asked several times. If she had been able to use the other door, she wouldn't have had to walk across the ice. We have been getting lots of medical bills because she dislocated her shoulder and may have to have surgery. Our health insurance is covering their percentage and the insurance of the property owner said the "probably will pay the other 20%". They also said they would only cover up to $5000.00. I am afraid our health insurance will want reimbursement for what they already paid because another insurance is paying on it. The bills so far are well over $5000, and if surgery is needed, will be astronomical.

Answer 1

Well, when I was in a car accident, our health insurance paid the bill.  Then when we settled the claim with the other guy's insurance company, I had to reimburse my health insurance company for what they had paid out.  So, yes, any money you get will need to be paid back to your health insurance company.  Perhaps you should be stop talking to the property insurance company and call a lawyer instead because it sounds like they are trying to lowball you.

Answer 2

You are going to have a hard time with this one.

It had snowed the day before. The parking lot has iced before. The ice is a hazard that is there to be seen. It can reasonably be anticipated that if you try to walk on an icy surface that you will slip and fall.    The majority of the negligence will lie with your wife. She's the one that chose to walk on the ice.

As far as "she did not have key" -- that dog ain't gonna hunt. Number one -that does not make the property owner responsible.

Number two -- if she leases the retail space - she could have called a locksmith - shown him a copy of her lease and had her own key made.

You will also need to read the lease agreement. It may have a hold harmless agreement in it or language that puts responsibility for the condition of the parking lot on the renter of the space.

Sorry your wife got hurt but sometimes cr@p happens and you don't get paid for it.

It sounds like the property owner's insurance policy has medical payments coverage that will apply but has denied liability coverage.

Answer 3

OK, that $5K they're talking about is a NO FAULT medical payments.  If you want more than the medical payments, you WILL have to sue.

Will you win?  It's going to depend on who is responsible for the parking lot maintenance.  Sometimes it's the retailer!  Sometimes it's the owner, and sometimes they contract the services out to someone else.  

You WON'T win based on, "she didn't have  a key to the back door".   If there wasn't TIME for the ice management to take place  (meaning, if the storm was happening that day), you won't win then, either.  Only if it had been there a while, and no one bothered to de ice the lot.  

If she has workers comp, that claim should also be filed - although in most states, going out to your car AFTER work isn't covered.

Answer 4

Things are different from State to State, but I would definitely seek the advice of an attorney.  The owner of the retail area is responsible for the ice removal as is the company they contracted to remove snow and ice.  

Your wife could possibly seek damages to cover all costs even if your insurance company paid.  You may have to reimburse the insurance company from any damages you do collect.  Some have that clause and others do not.  if the other insurance company is going to pay the deductible I don't think your insurance should get reimbursed as you would pay that 20% tothe hospitalor Doctor yourself.

On top of the medical damages you can also be reimbursed for monetary loss due to the incident time from work pain and suffering.  It sounds pretty bad and injuries such as this may take some time to heal and there may be Physical therapy involved which is painful as well.  i am not litigious person, but if having a key to her back entrance would have prevented this slip and fall than that is a concern.

Answer 5

You should send copies of all medical bills to the owner of the property for them to submit to their insurance company.  If they refuse to pay or do not pay in a timely fashion, then contact an attorney.

Answer 6

Yes.