Someone got hurt (nearly died) on my property...now what?

Question

I bought a very old mobile home from this guy to use as a building for my wife's hobbies. The guy I bought it from moved it to my property for me righ next to my house. I wanted to get the mobile home as low as possible, and he wanted the axles, so we worked together to remove them. Once removed we started to slowly lower one side of the 65' 7+ton home, then stabilize it and then the other and so on and so forth slowly working our way to the ground

That is when it happened, we had just lowered one side and my son and I were stabilizing it when suddenly the whole thing fell down. The guy we bought it from had not waited and lowered the building causing it to shift enough to fall off the stands. What's worse it landed on him while he was in a "bowing" position on his knees.

The compression immediatly broke 8 ribs on his right side and the weight was so heavy that he could not breathe. One son of mine immediatly called 9-1-1 while the others helped me free him.

I am still not sure how we pulled it off but we freed him in less than 3 minutes but he was in very bad shape, barely breathing, blue face, heart so fast you could not tell one beat from the next.

My wife, 18 year old son and I are all trained EMT's and we worked very quickly to open his airway, etc while we waited on the Fire Department who then put him on a helicopter in my backyard.

I saw him in the hospital the next day and he is just so glad to be alive...and gives full credit for his being alive to my sons and I. He admitted that he should have waited until I was done stabilizing before lowering the other side...he said he was stupid not to. When asked if he was mad at me, he said "Why would I be mad at you? You didn't drop the house one me...h**l I am only here because of you, no...I'm not mad at you".

Well we called our home owners insurer. The say we only have $1,000 medical liability. Could have more if we are found to be at fault. He said he is not looking for a payday from this...but stil:

I don't know what happens now. So if they say we are not at fault, isn't the guy still able to sue us anyway? I have NO money to pay my own medical bills, let alone someone else's. What happens? what should I do? What should we not do? It is hard, on one hand I want to be there and support him. I recognize that I saved his life and feel a bond to him as a result. On the other had, I have 7 kids and a wife and I am afraid of losing everything (not that we owe much, the bank owns it all).

HELP please (serious help)

Answer 1

Mbrcratz said it well.

Your policy has 2 coverages that deal with injuries. Medical Payments and Liability.

Medical Payments pays medical bills up to the policy limit when someone gets hurt on your property regardless of fault. This usually has a limit of 1000 or 5000.  Since the incident happened on  your property - he will get this one.

Liability coverage - pays for injures that are caused because of your negligence. This is usually about 100,000 or 300,000.

You have done the right things so far. You rendered aid to him at the scene. You have shown care and concern for him. You also notified your insurance company.

The insurance company is still investigating the incident. They have not determined if you are legally liable for his injuries. So they can't tell you right now if he will have a claim there.

If the guy gets an attorney and files a law suit. Your homeowners insurance will hire an attorney to defend you (and pay the bill).

If a law suit is filed - it will be served on you (usually by certified mail or process server).  If you get papers - call your insurance adjuster right away. They will need you to get the suit papers to them. Then the insurance company will hire an attorney.

When you talk to your adjuster - make sure that they have current phone numbers for you. Cooperate in the investigation. The adjuster will come out and take photos of the scene and interview you and any one else that was there.

So far, it looks like you are doing all the right things.

If you have any questions - or just want to know what's going on with the claim -- call your adjuster or your agent. That's what we are there for.  

Answer 2

I'm sorry but I'm not going to be much helpful for this, but I think you should contact a professionally. Someone who can help you deal with the problem, and if you don't exactly have the money do to so you should talk to a friend or family member who might be able to help

Good luck :)

Answer 3

Im not an adjuster, but I do want to express that it may not be his intent to sue you, but sometimes the injured person's insurance will deny coverage.  

We had pretty crappy insurance a couple of years ago when I broke my leg at home.  I must have filled out at least 10 to 20 different forms and documents stating that my accident did not happen at work, or on another person's property...otherwise they wouldnt cover the bills.  So Im just letting you know that if he does get papers like that and he is honest, it may not be him necessarily "coming after you" for money, but his insurance denying his claim because they feel your insurance company is responsible.  At that point I suggest that you dont really get to angry if that happens,  because he is stuck with major hospital bills at that point and truly may not have another choice as far as getting them paid.  

Answer 4

You only have $1,000 of medical PAYMENTS.  Not liability.  Med pay is a NO FAULT coverage, which will pay towards his injuries, WITHOUT you being at fault.  

If he decides to sue, you have at LEAST $100,000 of "personal liability" coverage.  Maybe more.  But in order to get paid any of that, he has to prove that you were negligent - in some way, contributed to his injury.  His injury happening on your property, that in itself, does NOT make you automatically at fault.

Meanwhile, your insurance company will handle the defense of the case in court, should he decide to sue.  

Fault isn't determined until the lawsuit, ultimately, in front of the judge.  

You've reported this to your insurance company.  That's all you can do for now.  If he serves you with suit papers, pass them forward to your insurer.  And maybe think about increasing the limit of liability under your homeowners policy.  

Answer 5

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Answer 6

Good luck I hope nothing bad happens to your family.

Answer 7

Most attorneys will give you a free consultation.  I would begin there.  Yes the guy can sue you, but ANYONE can sue ANYONE for ANYTHING.  Whether or not he can sue you successfully is a different story.  Even if he does sue you, you don't sound like you have a lot of assets so there's not a lot he can get from you.  But seek out a licensed attorney in your area.