Question:

Slip & fall accident?

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I had a slip and fall accident inside a bank due to the fact that it was wet because it was raining outside but there was no carpet or anything at all. Now i'm going to therapy and had MRI done but all these bills my insurance is paying for it .Would their insurance have to reimburse mines the money?

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  1. See an attorney.


  2. There are two ways this can play out.  First, your insurance company can sue the bank on your behalf (or, more likely, make a claim directly to the bank's insurer and settle it).  Second, you can sue the bank and the insurer can place a lien on the judgment for the amount that the insurer spent.  You should consult with an attorney if you want to pursue a claim against your bank for lost wages, etc

  3. Your insurance company will pay the bills but then if you decide to file suit, your insurance company will file what is called a medical lien and any amount you recover from the suit they will attempt to be reimbursed for what they paid out.  They also have the option of going after the bank's insurance company although that has little to do with you as you won't recover anything from that.

    A slip and fall is not as open and shut as you may think.  It's sometimes difficult to prove how long it was raining, whether there was any carpet, whether the fall was your fault and you could have wiped your feet in the entrance way, etc.  You should consult an attorney as an attorney in the area will likely do a free consultation and then if they decide to take your case they would take it on a contingency basis - meaning that they would collect only if they prevail, although that is usually 1/3 of the total amount collected.

  4. Some insurance companies are more aggressive at cost recovery than others.  I recently ended up in the ER after a home accident $3K bill.  My insurance sent me a questionnaire asking for accident details and if their was anybody else who could be liable and if I had consulted an attorney.   Some companies consider it not worth the cost to try to  collect from another insurer unless you sue and thus do the work for them

  5. You need to get an attorney!  They will have to pay you for your time and trouble as well as your medical bills!  DO NOT talk to their insurance co, before you consult an attorney!

  6. Not automatically.  Generally, you have to prove that they are negligent somehow, in order to collect money from that slip and fall.  With rain, and depending on what footwear you had on, they may or may not have been negligent.   Carpet, amusingly enough, can CAUSE just as many slip and falls as it prevents.  

    If you DID go after them, your health insurance would be entitled to reimbursement from any money you got from them.
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