So my neighbor's daughter fell off the ladder to our treehouse

[Twoply 0]

It happened yesterday with all the kids and parents around, so it wasn't a case of neglect on anyone's part. The dad called 911 and the ambulance arrived within 4 minutes. Turns out her little 4 year old radius and ulna were broke and they can't operate until the swelling goes down. They are good friends, so I hope the legal shit doesn't rear it's ugly head.

I can't believe how bad I feel.

Beware you people without kids, when you have little ones of your own, you're going to get a whole bunch of different feelings about life.

[JohnRich 4]

You've got homeowner's insurance, right?

You might want to go ahead and notify them. They'll want to cover the doctor bills, and make them an offer in return for a promise not to sue.

[mamajumps 0]

Its sad to say, but in this "sue happy" day & age I would be ready for anything. I really hope they are better friends than that.... good luck man...

[Phillbo 11]

Quote

You've got homeowner's insurance, right?

You might want to go ahead and notify them. They'll want to cover the doctor bills, and make them an offer in return for a promise not to sue.

I'm not so sure I agree with that. The insurance company does not want to pay a dime unless there is a claim. I doubt they would be proactive in offering to cover any cost. Especially if the kids parents already have medical insurance that is covering the tab.

[livendive 8]

Quote

Quote

You've got homeowner's insurance, right?

You might want to go ahead and notify them. They'll want to cover the doctor bills, and make them an offer in return for a promise not to sue.

I'm not so sure I agree with that. The insurance company does not want to pay a dime unless there is a claim. I doubt they would be proactive in offering to cover any cost. Especially if the kids parents already have medical insurance that is covering the tab.

I don't know about that. A few years ago I was involved in a car accident that was completely the other driver's fault. His insurance company called me a couple weeks later and asked how I was and whether I had any medical expenses. I said I was fine and no I had not gone to a doctor. They asked me to sign a release and I declined on the basis that such an action would not benefit me in any way. I then declined offers of $50 and $500 for my signature. When they offered $1500 I took the money and signed their paper. This was all with no injury.

Blues,
Dave

"I AM A PROFESSIONAL EXTREME ATHLETE!"
(drink Mountain Dew)

[lawrocket 3]

Quote

Quote

You've got homeowner's insurance, right?

You might want to go ahead and notify them. They'll want to cover the doctor bills, and make them an offer in return for a promise not to sue.

I'm not so sure I agree with that. The insurance company does not want to pay a dime unless there is a claim. I doubt they would be proactive in offering to cover any cost. Especially if the kids parents already have medical insurance that is covering the tab.

A couple things...

1). There is a duty to timely notify your insurer. They'll want to get the facts ASAP. Think about that in the event a claim is made.

2). The point about it being covered by their health insurance. Google "subrogation.". What's to stop the health insurer from suing to get its money back? It's standard practice

My wife is hotter than your wife.

[marks 0]

if you get sued over this, it will be two years before that happens.
if you call your insurance company then, they are going to ask "why didnt you report this 2 years ago?

I know this from first hand experiance. I had to hire another lawyer on my own to go after my insurance to get them to cover it...

just report it. it is thair money anyways. they will protect it as best they can, even if that means screwing thair own cliant.

p.s.... will someone fucking fix the damn SPELL CHECK!!!!!

[squirrel 0]

god damn...what ever happend to kids falling down, crying, getting fixed by the doctor and going out a playing again. wait, maybe i will sue Sky Vodka for getting me drunk in my own back yard, and the making me fall down...

________________________________
Where is Darwin when you need him?

[Nightingale 0]

Quote

god damn...what ever happend to kids falling down, crying, getting fixed by the doctor and going out a playing again. wait, maybe i will sue Sky Vodka for getting me drunk in my own back yard, and the making me fall down...

Insurance companies happened. They want to make a profit, so they get their costs back however they can, including suing your neighbors when your kid falls down and has to go to the doc.

[DrewEckhardt 0]

Quote

Its sad to say, but in this "sue happy" day & age I would be ready for anything. I really hope they are better friends than that.... good luck man...

Broken bones requiring surgery can cost tens of thousands of dollars and the insurance companies would rather keep your premiums as profits than pay you back for those damages.

One way they do this is by suing to recover their costs.

Part of the fine print in your insurance policy gives them the right to sue on your behalf and collect any proceeds from lawsuits you initiate. It's called subrogation.

Your friend may have the choice between paying $10K out of pocket and letting his health insurance company sue your home owner's insurance company. A realistic but well meaning neighbor would cover your deductible if that happened.

[jtval 0]

Here's the conundrum.
the surgery cost tens of thousands of dollars because of insurance companies and frivolous law suits.

My photos

My Videos

[airtwardo 6]

Maybe someone can link this to the 'Why No Kids' thread!

~ If you choke a Smurf, what color does it turn? ~

[ACMESkydiver 0]

Quote

Broken bones requiring surgery can cost tens of thousands of dollars and the insurance companies would rather keep your premiums as profits than pay you back for those damages.

One way they do this is by suing to recover their costs.

Part of the fine print in your insurance policy gives them the right to sue on your behalf and collect any proceeds from lawsuits you initiate. It's called subrogation.

Your friend may have the choice between paying $10K out of pocket and letting his health insurance company sue your home owner's insurance company. A realistic but well meaning neighbor would cover your deductible if that happened.

What he said.

~Jaye
Do not believe that possibly you can escape the reward of your action.

[kbordson 8]

I am really sorry that you are now in this situation of potentially losing that friendship over a lawsuit and lack of personal responsibility.

The parents WERE there. The likely knew she was climbing up to the tree house. I doubt they thought there was a quick inflate poofy mattress on the ground underneath her. She fell. It was an accident. It happened to be in your backyard... but she fell under the supervision of her parents. Could have happened at her house, at the park down the street, at Walmart.... but since it happened at your house.... you're at risk to be sued.

The legal system over here HAS to change!

[Sletzer 3]

I'm sorry you're going through all this, but there's one question burning in my mind....... is your avatar a picture of someone with their ass painted with a "cigarette" stuck up there?

If so, that's much more scary then being sued.

I will be kissing hands and shaking babies all afternoon. Thanks for all your support! *bows*

SCS #8251