Visitor Question

Injured Rotator Cuff from Falling Out of Bed…

Submitted By: Sean (Troy, NY)

A friend of mine was visiting and staying at my home. While sharing my bed (after a night of drinking), my friend rolled over past the edge of the bed and fell out. They landed on their shoulder, injuring their rotator cuff.

No personal injury claim was filed against me by them as it was clearly not my fault. But since they have required physical therapy and x-rays and potentially an MRI, their insurance company is asking for details about the injury.

Is there any risk of them trying to make a claim against my homeowner’s liability coverage?

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 Sean,

Yes. There is a good chance a claim will be filed against your homeowners insurance policy. Interestingly enough though, the claim probably won’t be filed by your friend. Instead the claim will probably be filed against your homeowners insurance by your friend’s insurance company.

Technically, once injured your friend could have first directly contacted your homeowners insurance company and sought reimbursement and compensation from them for the injuries and property damage sustained.

Instead your friend apparently went directly to his/her own medical insurance company. That’s perfectly legal, but once your friend’s insurance company pays your friend (their insured) by reimbursing or compensating him/her for the injuries sustained, your friend’s insurance company has a right to then “Subrogate” against your homeowners insurance.

Subrogation is a legal method upon which an insurance company, after paying their insured for property damage or injuries they sustained, then turns around and sues the person or entity which actually caused the accident which made the insurance company have to pay their insured.

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: January 4, 2012

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