Visitor Question

Finger Detached While Unloading a Truck…

Submitted By: Sarah (Bristol, VA)

My husband was with my dad in his truck and went to get a hay mower for a tractor. When unloading it at my sister’s home my husband was standing in the back of my dad’s truck when the hay mower rolled down the ramp and caught his finger on the blade of the mower, nearly detaching his finger.

He had to go to ER for finger reattachment. He has no health insurance to pay for the hospital bills and needs follow up care. Will the truck insurance or personal property homeowners insurance cover this? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Sarah,

Those are two great questions Sarah. Your Dad’s homeowners insurance as well as his truck insurance should be available to compensate your husband for his injuries. Filing a claim with your Dad’s homeowners and auto insurance is not the same as suing or filing a lawsuit against him.

That’s what homeowners and vehicle insurance are for.

Because the State of Virginia has a 2 year Statute of Limitations, or “time period” within which to either settle a claim or to file a lawsuit. Make sure your husband gets the medical care he needs. He should know if there will be any possibility of future medical care, including but not limited to therapy or plastic surgery.

Ask your Dad for the name, address, telephone and policy number of both his homeowners and vehicle insurance.

Your husband will need to contact each insurance company to file individual and separate claims.

It isn’t necessary for your husband to tell one insurance company he is also negotiating a claim with the other. There aren’t any laws in the State of Virginia which would require your husband to make such disclosures.

Once he files his claims he will be contacted by insurance company Claims Adjusters. He will be asked to make a recorded telephonic statement for each.

It’s normal procedure.

The insurance adjusters will investigate the case, including reviewing the medical bills and doctor’s prognosis of future treatment. Hopefully each adjuster will accept liability on your Dad’s behalf by agreeing to pay the separate claims.

If for any reason either or both do not accept liability, you and your husband will then have the option of filing a personal injury lawsuit.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: November 10, 2011

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