Homeowner Dealing with a Personal Injury Claim - Insurance & Lawyers

[Groovyman]

What is the name of your state? WA

I have also posted this under Injury Law.

Ok, here's my situation and I hope someone can give me some advice on this matter.

I have a tenant downstairs in my basment suite. He had a guest that came over to visit him back in the beginning of Nov. This girl was a former girlfriend that he haven't seen in many years and that it was her first time coming over to his place. When she left that night she claims to have tripped on an uneven aggregate sidewalk and fractured her ankle. She then drove off and three weeks later she tells my tenant that she is seeking legal action against me the owner of the house for her injury.

First I should explain, there is no uneven aggregate sidewalk on my property and on top of that she claims it was at night but my tenant had his outside door light on and there's two street light very close to my property making it nice and bright.

She claims that because of her injury she lost her contract work. Yes, she is self employed and supposely lost her contract work because she was hurt.

First I received a generic letter in early Dec. from an injury lawyer telling me to forward the letter to my insurance company and ask them to deal with the matter. This letter came in regular mail, not registered or anything, just a normal stamp on the envelope. I ignored it since what proof do they have that I ever received it. Then came a second letter at the end of Jan, informing me that this is a second noticed and a copy of her claim. Then today I received a threatening letter from the head lawyer for that firm telling me that if I don't turn these letters to my insurance company, two things can happen:
1) my insurance company will not be involved and that I wil held personally liable for the damages which will be several thousands dollars.
2) If I failded to notify my insurance company of this claim in a reasonable time, my insurance company may say that I deprived them of a chance to provide me witha good defence and the insurance coompany may not insure me for this lose and I would again be personally liable for the damages.

So what should I do??? All of these letters from the lawyer are sent by regular mail and not registered. I also find it funny how first they claim she fractured her ankle and now in the threatening letter they said she broke her ankle... isn't there a major difference between a fractured ankle and a broken ankle... and if she did broke her ankle somehow she stil managed to drive home by herself that night.

I know it's easier to just give in to this scammer and have my insurance company deal with it. But it just makes me so angry that she will get money for this and my insurance premiums will go up. Will the insurance company even investigate this matter? Is it even worth their time? The Injury Lawyer's website even states that in all injury claims only 5% goes to trial, 95% is settled outside of court.

Looking forward to your responses.

Thanks in advance!!!

 

[MaryBee]

I had something similiar happen to me. Except I was the renter of the house and had a garage sale...and some lady twisted her ankle on my driveway claiming it was uneven...she was a fraud. She claimed she became dizzy...faint..etc...ended up having all kinds of test at the hospital for her ankle. I just turned it over to my renter's insurance. I did take pictures of my driveway and I did have a witness and I turned it all over to my insurance. They did do a complete investigation and found that I was NOT negligent. But they did give her $5000.00 for a "good will" gesture. I was FURIOUS because I knew she was scamming. My insurance premiums did NOT go up. I would just turn over any evidence and the letters to your insurance. They will do an investigation. Hope it works out!

 

[Ohiogal]

What is the name of your state? WA

I have also posted this under Injury Law.

Don't double post. Pick the best place and that will maximize the results you will get.

First I received a generic letter in early Dec. from an injury lawyer telling me to forward the letter to my insurance company and ask them to deal with the matter. This letter came in regular mail, not registered or anything, just a normal stamp on the envelope. I ignored it since what proof do they have that I ever received it.

What proof do they have? It wasn't returned to them.



Then came a second letter at the end of Jan, informing me that this is a second noticed and a copy of her claim. Then today I received a threatening letter from the head lawyer for that firm telling me that if I don't turn these letters to my insurance company, two things can happen:
1) my insurance company will not be involved and that I wil held personally liable for the damages which will be several thousands dollars.
2) If I failded to notify my insurance company of this claim in a reasonable time, my insurance company may say that I deprived them of a chance to provide me witha good defence and the insurance coompany may not insure me for this lose and I would again be personally liable for the damages.

Turn them over to your insurance company. Because truthfully the above COULD happen.


So what should I do??? All of these letters from the lawyer are sent by regular mail and not registered. I also find it funny how first they claim she fractured her ankle and now in the threatening letter they said she broke her ankle... isn't there a major difference between a fractured ankle and a broken ankle... and if she did broke her ankle somehow she stil managed to drive home by herself that night.




I know it's easier to just give in to this scammer and have my insurance company deal with it. But it just makes me so angry that she will get money for this and my insurance premiums will go up. Will the insurance company even investigate this matter? Is it even worth their time? The Injury Lawyer's website even states that in all injury claims only 5% goes to trial, 95% is settled outside of court.

NO ONE said she would get money from your insurance company. They would investigate and it is possible they would find this fraudulent. True because the cost of trial is outrageous. 95% of all lawsuits are settled before trial. Very very few actually go to trial.

Looking forward to your responses.

Thanks in advance!!!

So have you contacted your insurance company yet?

 

[MATHJAK107]

same thing happened to my co-worker.a friend of his tenents was visiting the tenent.when she left she cut across the grass instead of staying on the walkway..she tripped over the oil tank filler cap and broke her ankle....she had no business even being in the grass...she sued and after 2 years case was settled last week with the insurence company paying her 20,000 plus 5,000 in medical bills