Pushed Through a Glass Table... Can I Sue the Homeowners Insurance?
by Aaron (Saratoga Springs, NY, USA)
I was at a friend of a friend's house and an argument started between me and two other individuals. One of them pushed me and I fell through a glass table. I had a huge laceration on my back and almost punctured a lung. I have pictures of the injuries and a nasty scar. I had to get 2 stitches on the inside and 13 on the outside of my back.
I really didn't want to make a personal injury claim, but I'm unable to afford the medical bills from that night. I'm wondering if it's still possible to get the homeowners insurance to pay for my medical bills even though this occurred about a year ago?
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.
ANSWER for "Pushed Through a Glass Table... Can I Sue the Homeowners Insurance?":
Aaron (Saratoga Springs, NY, USA):
You are in luck. In New York State the Statute of Limitations, or "time period" in which an injured person must either settle a personal injury claim or file a lawsuit is 3 years. As a result you still have plenty of time.
You probably won't have to file a lawsuit, especially because your injuries and their treatment were documented at the hospital. In addition you probably have witnesses to the injury.
Hopefully you won't run into any problems getting the name and telephone number of the homeowner's insurance company. With that information in hand call them and file a claim. Once you contact them you will soon thereafter be contacted by a representative of the homeowner's insurance company. The representative is referred to as a "Clams Adjuster".
The adjuster will also want to see copies of your medical bills. If you missed any work as a result of the treatment or recovery from your injuries you should give the adjuster some documentation verifying the information.
The adjuster will also want to take the witnesses' statements. Tell them to cooperate with the adjuster. Doing so will only make your claim proceed more efficiently.
Tender the photographs to the adjuster as well. The more credible and documented evidence you are able to provide to the adjuster the better. Once the adjuster fully investigates your claim she will make an offer of settlement. It will then be up to you to decide whether to settle the case for the amount offered or to try and negotiate a higher settlement.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
The accuracy of information provided on this site is not guaranteed. It is generic information for informal purposes only. It is NOT formal legal advice. Your use of this site does NOT create an attorney-client relationship. Before relying on any information found in this site you should consult with a licensed attorney in your state. If you are currently represented by an attorney, you should strictly abide by his/her counsel.