by Guest » Mon Feb 23, 2009 10:00 pm
Hi, I about a month ago, i fell through my floor and severly cut my knee. I went to the hospital, and received 20 staples. about a week later, my leg became infected and i had to have surgery. I was in the hospital for 3 days. I told my landlord 3 days before this happened. My total medical bills are 18,460. My landlords insurance company offered me 5,000. They said that they are not liable because they did not know the floor was rotten and it was just an accident. What should i do? Is this a fair offer? Thank you for any help.
Posted: Tue Feb 24, 2009 12:20 am Post Subject:
Can you afford to pay the remaining about of the bill?
They might have a point... we don't know all the facts. Floors just don't rot. This usually happens when the floor is soaked for some time. The landlord should not have known that the floor was rotted?
My guess is that they would have denied the claim if they thought there was no liability.
Posted: Tue Feb 24, 2009 02:58 am Post Subject:
I tend to agree. It takes a lot of time for a floor to rot. Somebody didn't do their job. Even if the insurance company did not know the floor was rotted the landlord should have. Does he not get paid for this. I would press the issue, if they are offering five grand chances are extremely high they will offer more. Is this 5,000 after they pay they med bills? I myself would let them know they could settle with me or an atty. I would hold off on the atty but would throw it out there.
Posted: Tue Feb 24, 2009 05:06 am Post Subject:
I think if they have felt that they are not liable, they wouldn't have paid a dime towards the claim. IMO you need to push the negotiation further for a higher settlement.
Haven't you complained before about the floor?
You may let the insurer know that you are not satisfied with the compensation amount since its not even close to the total medical expense. If they don't budge, getting hold of an atty is also a good idea.
Posted: Tue Feb 24, 2009 02:10 pm Post Subject: Thanks
Thanks for the replies. I have been in the house for 6 months. I told the land lord about a crack in the tile 3 or 4 days before this happened. But, the crack in the tile was so small that i did not think it was a big deal. Definitely did not think i would fall through the floor. The house is on bricks so i fell to the ground. The landlord told me after this happened that the house was damaged during a hurricane 2 years ago. Also, the insurance company told me that the 5,000 is for medical bills and me. Thanks for your time.
Posted: Tue Feb 24, 2009 05:14 pm Post Subject:
I told the land lord about a crack in the tile 3 or 4 days before this happened
The landlord told me after this happened that the house was damaged during a hurricane 2 years ago.
And there we have the makings of a good liability claim.Posted: Tue Feb 24, 2009 06:52 pm Post Subject:
Thats putting it sweetly. There is no possible way I would except that meager amount when the medical bills are over three times that amount. If the house was damaged by a hurricane a couple years ago and you had made the landlord aware of this tile problem then I would say they should have had the floor repaired immediatley after being informed. It must have been much more though than just a cracked floor to actually fall through it. You need to see if they will work something out and if not call an atty.
Posted: Sun Mar 29, 2009 11:03 am Post Subject:
since you've been there for 6months, it is hard to tell the liability. but since you have informed your landlord about the crack in the tile, then your landlord should have gotten someone to take a look at the damage and possibly get it repaired. furthermore, the home was damaged during a hurricane 2years ago? call up your landlord, and confirm if he repaired the house properly.
looks like you have good standings here to claim greater coverage.
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