homeowners insurance

I was at my friends house, he walked in his door slamming it behind him. He knew I was behind him coming in to get my house keys. The door slammed on my arm breaking the ulna bone. I went to the er the next day because the pain got so bad, and they told me it was severely fractured and put a cast on it and set me up with an orthopedic. I went to orthopedic and he said he wanted to keep it in a cast for 4 more weeks. Now I have had cast on since July 3 and got to wear it for 3 more weeks. If its not well, they are talking about putting a plate and screws in it. I had no insurance and my medical bills are already around 6000.00
Wouldn’t his homeowners insurance pay for this?

Yes. And I suspect your “friend” is hoping you won’t ask him this question because he’s worried about his premiums going up.

Call him and ask for his insurance information. If he balks, call an attorney.

I’d say it’s more complicated than “yes”. He may or may not have homeowner’s insurance at all. If he does, he may not have applicable coverage. If he does, you’d need to convince the insurance company that the injury was due to negligence. Even if that were easy to show, the homeowner may not want to cooperate with your desire to submit a claim (for fear of increased premiums or terminated coverage), in which case you’d have to file suit against him.

Basically, you’re looking at a potentially complicated road with multiple interested parties. You’d have to talk to those parties (homeowner, insurance company) starting yesterday. If the injury happened July 2, the insurance company might question why you took over two months to let them know.

Moderator Action

Welcome to the SDMB, mistnrain.

This question potentially involves legal issues, and questions involving legal issues belong in our IMHO forum.

Moving thread from General Questions to In My Humble Opinion.

Why didn’t you sign up for Obamacare earlier this year?

If he is in the USA and has a mortgage on his house, his house is insured because his lender requires it as a condition of the mortgage.

Ask him nicely for his insurance agent’s contact info so you can file a claim. If he balks or tries to argue, contact a personal injury lawyer and they will handle it for you.

Don’t worry about the “what if’s”. You were more concerned with getting immediate treatment, and now you have to deal with the business end of things.

Yes, but the lender doesn’t care about bodily injury claims, only fire and the like. However, most homeowner policies have some coverage for injuries.

Liability is STANDARD on a basic homeowners policy and includes no-fault medical.

The only thing that is optional about it is if you want increased coverage, which you can pay for.

Have you ever read Ambrose Bierce’s commentary about insurance (in the * Devil’s Dictionary)*?

In a similar case I think the injured party first had to sue the home owner who then collected from the insurance company. Really sucks, hopefully the guy has enough to cover your bills so you don’t have to sue and he doesn’t have to file a claim.

Even then not always. A guy in our neighborhood stopped making payments on his house. As the insurance was being paid by an escrow account, the insurance got dropped for non-payment a few months later.

Then the house caught fire. Fortunately everyone got out unharmed, but had they not, there was no home insurance to cover the hospital bills, much less repairing the fire and smoke damage.

A lot of people are underwater on their homes, and many have just decided to stop payment and leave it go back to the bank. Depending on the State, this could take months or even years.

Not here, it wasn’t. It was completely optional, but the cost was so low that it was an easy decision to add it. But even if the appropriate coverage is in place, the claim that the injury was due to negligence has to be proved. Not all injuries on the property are automatically covered.

I’m not the OP, but there could be several reasons.

  1. Can’t afford it, even with the subsidy.

  2. Had health insurance at the time of open enrollment, that was later canceled for some reason.

  3. Doesn’t qualify for the subsidy due to qualifying for Medicaid by federal standards, but due to his state not accepting the federal handout, can’t get Medicaid. (I currently don’t have health insurance for this very reason.)

Nope. What is it and how does it apply here?

Let me put it this way: Bierce defined insurance as an “ingenious modern game of chance” in which you bet that your house will burn down before the insurance company says it probably will. By all means, get his book if you can; his commentary is excellent.

Insurance is essentially gambling though; Bierce wasn’t just being clever.

When I get car insurance, I’m gambling that over the long haul, they’ll pay out more in fixing my car/paying liability claims than I pay in. The insurance company is betting the opposite.

In the meantime, the insurance company invests my premiums along with everyone else’s and makes their REAL money that way.

Health insurance is the same thing- you’re ultimately betting that the amount you pay in premiums will be less than what the cost of your medical care will be, and the insurance company is betting the opposite. That’s why they don’t like insuring people who already have stuff like cancer; they’re bound to lose that bet.

A "pre-existing condition, " eh?

Well yeah. From the gambling perspective, it’s a sure loss.

Unless an insurance company charges astronomical premiums for people with pre-existing conditions and/or limit their treatments, they’re going to lose that bet every single time as far as making money is concerned.