My sister's cat bit my hand and...

[wigiwiz]

What is the name of your state (Wisconsin)?

I stopped in by my sister's house to see if she was home and went inside to give a shout. Nobody was home and no one knew i was stopping by so I had to use the restroom while I was there and while I was sitting there with the door open their very mean cat came in and attacked my hand. I ended up with 6 deep punture wounds and spent the night in the hospital getting antibiotics pumped into me and held for observation cause my hand swelled up so much. I have no health coverage and she has homeowners insurance but afraid she will get dropped due to claiming wind damage a little over a year prior and this raised her escrow quite a bit. She is raising 2 kids and is barely able to pay bills. So she is very upset I went in to her house when she was not there and got hurt so she will not pay or claim my medical bills on her homeowners insurance for fear of being dropped or getting worse coverage that will only cover the lenders interests for 2 to 3 times the current yearly premium. She has since put the cat down. She also is stating that I trespassed for going in uninvited. Who do you feel is responsible for the bill. And is she right to worry about being dropped with not much chance to get affordable good coverage again?

 

[Zigner]

You broke in to her house and got bit by an animal, and now want to make her pay for it?

What is the name of your state (Wisconsin)?

I stopped in by my sister's house to see if she was home and went inside to give a shout. Nobody was home and no one knew i was stopping by so I had to use the restroom while I was there and while I was sitting there with the door open their very mean cat came in and attacked my hand. I ended up with 6 deep punture wounds and spent the night in the hospital getting antibiotics pumped into me and held for observation cause my hand swelled up so much. I have no health coverage and she has homeowners insurance but afraid she will get dropped due to claiming wind damage a little over a year prior and this raised her escrow quite a bit. She is raising 2 kids and is barely able to pay bills. So she is very upset I went in to her house when she was not there and got hurt so she will not pay or claim my medical bills on her homeowners insurance for fear of being dropped or getting worse coverage that will only cover the lenders interests for 2 to 3 times the current yearly premium. She has since put the cat down. She also is stating that I trespassed for going in uninvited. Who do you feel is responsible for the bill. And is she right to worry about being dropped with not much chance to get affordable good coverage again?

 

[wigiwiz]

I am mostly wondering about how the insurance usually works? And the door was not locked.

 

[Zigner]

I am mostly wondering about how the insurance usually works? And the door was not locked.

Oh, I see. It's not breaking in if the door is unlocked. Right...

 

[justalayman]

You broke in to her house and got bit by an animal, and now want to make her pay for it?

not necessarily.


I know I am welcome to enter my relatives houses whether they are there or not. I have keys to them actually.

If the OP has keys or if they would typically enter the house if the relative was not there (without the owner having issue with it), it was not trespassing.

And the door was not locked.

that in itself does not make it lawful to enter her house.

 

[wigiwiz]

OK in hindsight I was wrong but her insurance should be able to pay an accident without causing any ill effects to the current policy terms. If it were another claim toward property damage then that would wipe her coverage but this should be viewed different right?

 

[Zigner]

not necessarily.


I know I am welcome to enter my relatives houses whether they are there or not. I have keys to them actually.

If the OP has keys or if they would typically enter the house if the relative was not there (without the owner having issue with it), it was not trespassing.

The OP stated that her sister did not give her permission to be there. It is trespassing.

I will concede that this is not breaking and entering (burglary, a felony), as no felonious intent existed.

 

[justalayman]

OK in hindsight I was wrong but her insurance should be able to pay an accident without causing any ill effects to the current policy terms. If it were another claim toward property damage then that would wipe her coverage but this should be viewed different right?

what her insurance will or won't do is irrelevant.



If you were not in the home legally, it is quite possible the insurance will not cover you but that is going to be statute and case law specific and I'm not inclined to hunt it up at the moment. The sister may not have any liability for a trespasser.

If there was even tacit permission to enter the home, the homeowner may very well be liable for the costs but again, the specific facts and laws will control.

In any case, the homeowner is not required to step forward and do anything nor is the owner of the home. If you believe sister is liable, then sue her. If her insurance is obligated to indemnify her, they will.

 

[justalayman]

The OP stated that her sister did not give her permission to be there. It is trespassing.

I will concede that this is not breaking and entering (burglary, a felony), as no felonious intent existed.

the closest I saw to that is this:

. She also is stating that I trespassed for going in uninvited.

While my sister will not have expressly invited me, there is an implied consent and tacit permission if I have been in the home and was not informed that was not acceptable.

Depending on what the OP has done previously along these lines and what the sister did in response, there may very well be tacit permission. Just not enough info to guess to me.

 

[wigiwiz]

the closest I saw to that is this:




While my sister will not have expressly invited me, there is an implied consent and tacit permission if I have been in the home and was not informed that was not acceptable.

Depending on what the OP has done previously along these lines and what the sister did in response, there may very well be tacit permission. Just not enough info to guess to me.

I don't want to sue her, god no I just want to know how home owners insurance deals with different claims and what common actions they take as far as dropping them after filing an accident claim. She has told me she asked her personal agent and they told her more than likely she would be dropped and have a hard time finding any reasonable coverage again. But I have talked to others who stated that accident (dog bite) claims did nothing to their rates but property damage did. But they were never dropped for having 2 claims against them.

 

[Zigner]

I don't want to sue her, god no I just want to know how home owners insurance deals with different claims and what common actions they take as far as dropping them after filing an accident claim. She has told me she asked her personal agent and they told her more than likely she would be dropped and have a hard time finding any reasonable coverage again. But I have talked to others who stated that accident (dog bite) claims did nothing to their rates but property damage did. But they were never dropped for having 2 claims against them.

Then you have a decision to make...we can't help you with that decision. To me, it seems that the rep from your sister's insurance company has informed her of the likely consequences of this sort of claim.

 

[justalayman]

You are missing the point;


the insurance company is responsible for liabities of your sister. Unless she is liable they are not going to pay anything. The only way to determine if your sister is liable is to sue her. Especially since sister does not wish to involve the insurance company at the time, the only way you would have to force the issue would be to sue your sister.

 

[wigiwiz]

Ok Thank you. sorry for my slow responses it is amazingly hard to type with only 1 hand. you know cuza my cat bites on my other hand and all.

 

[I'mTheFather]

Yeah, and knowing she has a very mean cat and all, you entered the home anyway; not to mention, you used the bathroom, not knowing when someone would be coming home, and left the door open and all...

I would have bitten you too.

 

[wigiwiz]

Ok i am back She has stated that she would claim it on her homeowners insurance if she knew it would not cause anything negative to her policy. What do you guys think? Would an accident incident cause her to be dropped or moved to higher premiums with a structural damage claim filed a little over a year prior? Has any one else ever heard of a policy not taking a hit if they pay an accident claim?