no leg to stand on

[zack]

What is the name of your state (only U.S. law)? kentucky
I've been doing side work trying to make ends meet and I've gotten myself into an akward situation. every since the storm came thru these been lots of oppurtunity to work. I've been doing clean up mostly, some tree removal. I'm not liscenced or insured and I made it clear to any poential client.
I met with a homeowner call him Ted, and asessed his damage. tree down on his house with minimal property damage. I knew when I met Ted that we would become friends, quite a character with a sense of humor. Ted is also disabled and has suffered brain damage at some point. I explained to ted that i wasn't insured and couldn't accept any liability for further damages to his property and that I didn't expect him to take responsibility for me or my equipment. (this was during our first conversation) I've been very cautious when choosing each job as to not take on something with posible liability. I turned down countless jobs that were obvious risks. So I came to the conclusion after about an hour talking with Ted that I couldn't give him an estimate. there was no present danger in the job at hand, i just didn't know how to fairly estimate the job. I try to consider the person I'm working for and not just the work involved. I left with no agreement to do any work.
About a month goes by and I had spoke to Ted about other work not involving tree removal but he called me again. asked if I would come look at what he and his neighbor had done so far. They'd cut the limbs that were on the ground for firewood andcleared some of the debris from the storm. He asked me again about taking the tree down and just leaving it for him and his neighbor to finish.
Long story shortend alot: I offered to help with no contract and ended up with a severly broken ankle, I thought that If I didn't accept payment for the job that my insurance would cover it. i told ted that I couldn't accept payment and besides we had become friends. Now my insurance is refusing my claim because my Hr guy at work reported to my insurance that i was working on the side. I didn't charge the guy for the work and I don't feel right asking him to report it on his homeowners insurance. Do I have a leg to stand on pushing against my personal insurance or should I insist on ted reporting to his insurance. I feel like I'm suing a friend by asking him but I don't know where to turn. Maybe I should just suffer the consequinces and not expect either to pay. please advise

[ecmst12]

Ask them to fax you the provision in your policy which allows them to deny a claim for this reason.

[zack]

I'll make that request first thing tomorrow

[zack]

I've requested the policy be sent to me with the provisions outlined giving them exemption from paying on my claim. I also spoke with the person handling my claim. there sending me a from to fill out stating that i wasn't receiving payment for work performed.
Can I include a statement from the homeowner saying that he was not charged for the work I've done or are they going to request that information directly from him?
Also, they asked about claiming on his homeowner policy? I made a formal agreement with the homeowner before I started any work that I was not responsible for property damage and he wasn't responsible for me if I was injured.I made this agreement because there was a fence that was an obvious risk of being damaged, not because there was any obvious risk of me getting hurt. we both agreed. I did go to him and ask him if he would consider turning it in on his homeowner policy but I wouldn't force the issue because of our agreement. he declined because he is on a fixed income and I repect his descision.

[ecmst12]

They are asking because you can't get paid twice for the same bill. If you were claiming on the HO insurance, your health insurance wouldn't pay, or would require you to reimburse them if they'd already paid.