I went to help an older gentleman cut down a tree at his house and ended up getting hurt and hit with the chainsaw in the back of my leg I have medical expenses I need taking care of and I cannot work. the older gentlemans insurance company says they will only pay me $5,000 for my medical expense but I was invited to his house and we are using his tools. I was not hired I was there to help him.
There are 2 separate coverages, Medical Payments, which is what they are offering you, and Bodily Injury, which requires you to prove liability on the homeowner. I would suggest you hire a personal injury attorney in your area as the insurance company is most likely not going to pay you more if you continue on your own.
I'm sorry to hear of your injury. You may have a claim under the older gentleman's homeowner's insurance if he was negligent and his negligence caused your injuries. The offer the insurance company has made you sounds like it is under the "Med-Pay" provision of his policy which provides for minimal payment regardless of fault. To receive payment under the liability portion of the policy you must prove he was at fault or some condition on the property caused your injury. Consult with a personal injury attorney in your area. Best regards...
It is imperative that you not talk to the insurance company about what happened. Only certain things will be covered under his insurance. Seek out a personal injury lawyer today to speak with to help you make a claim. You can contact anyone here at AVVO.
Was my answer "HELPFUL" and/or a "BEST ANSWER?" I appreciate you for noting same. Thank you. The information contained herein is not to be construed as legal advice. The questioner should seek independent legal advice from a qualified attorney after establishing a proper business relationship. Forrest Welmaker is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. No attorney fees unless a recovery is made. Doctor referrals are usually available.
It depends upon who is at fault for your injury. If the older gentleman was negligent and hit you with the chainsaw, you are probably entitled to the full amount of your lost wages and medical expenses. If the chainsaw is your fault, then you are probably limited to the $5,000.
You need an attorney to ensure that the insurance company doesn't take advantage of you.
Advice given in this forum does not create an attorney - client relationship. No advice should be relied on without consulting with a local attorney.
Just being on his property and using his tools is not enough to get beyond the $5,000 medical payments coverage. You have to show that either he did something careless to cause you to get hurt or some condition of the property was not obvious, was unreasonably dangerous, and the owner should have known about it. And even if those factors applied, you get nothing if you were more careless than the owner. Talk to a lawyer to go over your options and the details.
This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be aware that there are time limits on all claims that depend on the kind of claim, so do not delay in seeking an attorney.
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