can a family member sue the homeowner insurer

What is the name of your state?What is the name of your state? California

I,m trying to help a friend here , while helping to do some repairs on the Brother-in-laws house there a fall that caused injuries totaling $46,000+ just for medical bills . The insurance co. sent someone out and they of course denied liability but sent $1,000 check in the mail with no forms or releases signed . Can and how would the injured party sue the insurance company to cover this and can he add lost wages , ect. to this ? also this going on 2 yrs now is there a time limit here ?
Hoping , Don

DonlDuck said:

What is the name of your state?What is the name of your state? California

I,m trying to help a friend here , while helping to do some repairs on the Brother-in-laws house there a fall that caused injuries totaling $46,000+ just for medical bills . The insurance co. sent someone out and they of course denied liability but sent $1,000 check in the mail with no forms or releases signed . Can and how would the injured party sue the insurance company to cover this and can he add lost wages , ect. to this ? also this going on 2 yrs now is there a time limit here ?
Hoping , Don

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My response:

First, your friend doesn't sue the insurance company. If he sues anyone, he sues the brother-in-law. Second, the brother-in-law undoubtedly only has $1,000.00 "Med-Pay" on his homeowner's policy, which is the only amount the insurance company is obligated to pay at this point.

Lastly, all because your friend fell, doesn't make the brother-in-law liable for any type of negligence. While you never stated the CAUSE of the fall, and the CIRCUMSTANCES of what was happening just prior to the fall, the insurance company has obviously determined that the brother-in-law has no liability for the fall, or it's cause.

So, if your friend feels that someone, besides himself, was negligent for the fall and it's cause, then he must file a lawsuit for whatever negligence or premises liability that he feels caused or contributed to the cause of the fall, and the resulting damages.

IAAL

DonlDuck said:

What is the name of your state?What is the name of your state? California

I,m trying to help a friend here , while helping to do some repairs on the Brother-in-laws house there a fall that caused injuries totaling $46,000+ just for medical bills . The insurance co. sent someone out and they of course denied liability but sent $1,000 check in the mail with no forms or releases signed . Can and how would the injured party sue the insurance company to cover this and can he add lost wages , ect. to this ? also this going on 2 yrs now is there a time limit here ?
Hoping , Don

Click to expand...

It's been going on for two years? Yes there's a time limit it comes to filing suit on these types of claims. In most states it's two years. Yourfriend better figure out what he wants to do if it's not already too late.