Lost Toe (by Ned [AL]) Sep 27, 2022 6:39 PM
Lost Toe (by ned [AL]) Sep 27, 2022 6:40 PM
Lost Toe (by RB [TN]) Sep 27, 2022 6:42 PM
Lost Toe (by Ken [NY]) Sep 27, 2022 6:43 PM
Lost Toe (by Sorta Blonde [CA]) Sep 27, 2022 6:53 PM
Lost Toe (by Robert J [CA]) Sep 27, 2022 7:26 PM
Lost Toe (by Dee Ann [WI]) Sep 27, 2022 8:31 PM
Lost Toe (by Allym [NJ]) Sep 27, 2022 9:12 PM
Lost Toe (by Laura [MD]) Sep 27, 2022 9:18 PM
Lost Toe (by Barb [MO]) Sep 27, 2022 9:43 PM
Lost Toe (by NED [AL]) Sep 27, 2022 10:27 PM
Lost Toe (by WMH [NC]) Sep 27, 2022 11:11 PM
Lost Toe (by ned [AL]) Sep 28, 2022 6:01 AM
Lost Toe (by S i d [MO]) Sep 28, 2022 9:21 AM
Lost Toe (by Mike45 [NV]) Sep 28, 2022 3:47 PM
Lost Toe (by Ned [AL]) Sep 28, 2022 6:24 PM
Lost Toe (by zero [IN]) Sep 29, 2022 8:54 AM
Lost Toe (by Ned [AL]) Posted on: Sep 27, 2022 6:39 PM Message:
We have a condo. We have professional on-site management at this condo with insurance. (They manage our condo along with 100 other at same location). We also have our own liability insurance.
Short term tenant caught their finger in a folding chaise lounge.
Cut off 1/3 of their finger.
I expect that I should immediately notify our insurance of the potential liability.
Wondering if I should engage an attorney. Or wait.
Thoughts?
--199.36.xxx.xxx |
Lost Toe (by ned [AL]) Posted on: Sep 27, 2022 6:40 PM Message:
The subject line was supposed to read lost finger, not toe. --199.36.xxx.xxx |
Lost Toe (by RB [TN]) Posted on: Sep 27, 2022 6:42 PM Message:
Maybe cross that bridge if / when ya get to it. --24.183.xxx.xxx |
Lost Toe (by Ken [NY]) Posted on: Sep 27, 2022 6:43 PM Message:
I wouldnt do anything till i got sued.If you notify the insurance company and they dont sue it will still go on the clue report which will increase your premium --74.77.xx.xx |
Lost Toe (by Sorta Blonde [CA]) Posted on: Sep 27, 2022 6:53 PM Message:
Get a written report from the manager(with pictures if possible) of the event and outcome. Then sit on that until or unless you receive a claim for damages. Chances are that unless you own the chaise, it is proven to be defective, and the tenant did nothing unusual to cause the amputation, there is nothing that you need to report. I'd hesitate to inform any insurance before you are contacted by the tenant. --68.111.xxx.xx |
Lost Toe (by Robert J [CA]) Posted on: Sep 27, 2022 7:26 PM Message:
Everyone should KNOW that anytime you call your insurance company, agent or carrier, they SHARE MOST INFORMATION ON A NATIONAL DATA Registry for all Insurance Companies to decide to Insure, Cancel or raise premiums.
So if you call you Insurance now, before you know there's a issue, you risk a report going out to all of you other carriers for all of your other properties, and you will start to see major rate increases and some non-re-newel policies.
I had a tenant get injured and called me to let me know I had to pay their medical bills. This was 4 guys renting a house. I was called up from the hospital while they were waiting for treatment.
I took the wife's car and drove to the property, parking next door (with the owners permission). I noticed in the back yard they were having a party. Around 30 beer bottles and cans. A BBX and lots of trash. I took pictures. That and that of all license plates of cars parked on the block.
When my tenant got home, I wanted a copy of his medical report and amount.
As it turns out the tenant did something stupid while drunk. He also had medical insurance.
Three months went by and the tenant said if I didn't pay him $10,000, he would stop paying his rent. Again I asked for a copy of his OUT-OF-POCKET medical expenses and report.
Again nothing. I did not get the rent so I had my process servicer deliver to the property a notice to pay rent or quit. I finally told the 4 tenants that if I have to file an eviction, it would destroy their credit and their interest rates on bank cards, car loans and insurance cost would rise. So they all moved out not paying the last months rent, I used the deposit.
The injured tenant went to an attorney and had no case. They were going to make up a story, but with 20 people at the party, I had no liability and he had medical insurace.
His medical issue, fractured leg bone. --47.156.xx.xx |
Lost Toe (by Dee Ann [WI]) Posted on: Sep 27, 2022 8:31 PM Message:
I agree, everything goes to CLUE. Wait for it. --75.11.xx.xx |
Lost Toe (by Allym [NJ]) Posted on: Sep 27, 2022 9:12 PM Message:
You supply those? I guess maybe I will get the two folding chairs out of the gazebo that I supplied. Happened to me as a kid. Broke all my three year old finger nails but did not lose any digits.
--71.188.xx.xxx |
Lost Toe (by Laura [MD]) Posted on: Sep 27, 2022 9:18 PM Message:
As others have said wait. Very good chance the lawyer will tell tenant he has an excellent case & after tenant pays a $5000 retainer they will sue you for all you are worth. Tenant will not have $5000 for retainer and nothing will happen. --108.56.xxx.xx |
Lost Toe (by Barb [MO]) Posted on: Sep 27, 2022 9:43 PM Message:
Is this a STR where you supplied the chair?
Was this at the pool where the association supplied the chair?
If you didn’t supply the chair, how is this your fault? --149.76.xxx.xx |
Lost Toe (by NED [AL]) Posted on: Sep 27, 2022 10:27 PM Message:
For clarification...this is short term vacation type rental. We likely got the chair when we bought the place. It wasn't at the pool but at the condo itself. --70.92.xx.xx |
Lost Toe (by WMH [NC]) Posted on: Sep 27, 2022 11:11 PM Message:
I can't see any liability for you at all, but people can sue anybody for anything - doesn't mean they will win, but they can try.
According to a speaker at a Mr. Landlord Convention - I forget who but he was an attorney - if you DON'T report even a potential lawsuit, the insurance company can refuse to defend or support you if such a lawsuit IS filed.
He said to read the fine print of your liability insurance.
FWIW. --74.110.xxx.xx |
Lost Toe (by ned [AL]) Posted on: Sep 28, 2022 6:01 AM Message:
WMH- thats my main immediate concern is that failing to report in timely manner could keep them from defending or covering us. --70.92.xx.xx |
Lost Toe (by S i d [MO]) Posted on: Sep 28, 2022 9:21 AM Message:
I would spend $100 and ask an experienced land lord/tenant attorney. This isn't something your buddies (aka "us") can give competent professional advice regarding. --184.4.xx.xx |
Lost Toe (by Mike45 [NV]) Posted on: Sep 28, 2022 3:47 PM Message:
Failure to report a claim within a time specified in the policy is generally only grounds for the insurance company to refuse to defend and to deny the claim if the insurance company was PREJUDICED by the delay.
I never sweat this. I will report the claim when it is presented to me in a written demand from an attorney or in a lawsuit. Never just based on the tenant's oral demand.
You do not need to hire your own attorney. If the claim goes anywhere, the insurance company will hire an attorney for you.
--76.4.xxx.xxx |
Lost Toe (by Ned [AL]) Posted on: Sep 28, 2022 6:24 PM Message:
Thank you all for your input on this. For better or worse (my partner) and I decided to go ahead and inform our carrier. We (my partner esp.) were simply a little uneasy about waiting.
Thank you all again! --199.36.xxx.xxx |
Lost Toe (by zero [IN]) Posted on: Sep 29, 2022 8:54 AM Message:
Had a duplex and the city hired contractors to read water meters. Supposedly a cover was left off and a tenant fell in, injuring her leg. No break but she had a big brace that she wore when outside.
Had an attorney contact me asking for my insurance company. This was all voice. I refused. Told them they would get the info if they filed a suit against me.
My insurance agent is pretty good to me. Wife used to work for him years back. We do a lot of business with him. He suggested I do nothing which worked out in my favor.
The tenant sued the city and the contract company that reads the meters. I never got served. Never heard anything beyond the one phone call. My rates did not go up because I never officially told my agent about the mishap.
Years before that I had some damage to a roof. I called in and they sent an inspector out. I did the work myself and didn't file a claim but I got dinged anyhow for them sending the guy to look.
That's when I started having annual meetings with my agent. We go over all the policies and tweak if needed. I swear I put his two kids through college myself. --107.147.xx.xxx |
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