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Post Ch 7 Foreclosure & Potential Bodily Injury Claim/Homeowners Insurance

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    Post Ch 7 Foreclosure & Potential Bodily Injury Claim/Homeowners Insurance

    Just looking for any experiences or advice for a recent situation.

    Our Ch 7 was discharged in April 2012. Our foreclosure sale is scheduled for this Wednesday, Aug 15. We have slowly been moving out but still have some items in "storage" at our foreclosing residence.

    This past weekend husband and friends were moving the washer and dryer. Our friend sliced his knuckles open on the dryer vent and went to the emergency room. He now has stitches and will be consulting with a surgeon as there may be some tendon damage.

    Friend insists he is not holding us liable, but husband and I are concerned, especially since our house is scheduled for public trustee sale this Wednesday.

    We hadn't cancelled our insurance policy (premium is escrowed) and it appears policy is still in effect.

    I'm thinking I need to contact them and either file a claim or do something to cover our behinds before the foreclosure.

    Any experience with this, words of wisdom, or just general feedback? We've never filed a homeowners claim, so not sure what to do or expect, especially so close to foreclosure.

    thanks in advance!

    #2
    I would file the claim now. Your policy is in full effect - simply call them and tell them you need to report an injury to a friend on your property. It should fall under medical payments to others or personal liability. You will need your friend's name and contact info for them. The rest can sort itself out - if your friend needs to use the insurance.

    Good luck.
    ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
    Not an attorney - just an opinionated woman.

    Comment


      #3
      The foreclosure shouldn't effect the processing of a claim. Your policy may require you to immediately inform the insurance company about the possibility of a claim. I'd call the insurance company and tell them about the injury. Your friend may not intend to file a claim. But, if he has medical insurance to cover his injury, his insurance company may want to make a claim. Everytime my husband or I get medical care for an injury, our insurance company calls or sends a questionnaire to find out if somebody else can be held liable for the injury.
      LadyInTheRed is in the black!
      Filed Chap 13 April 2010. Discharged May 2015.
      $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

      Comment


        #4
        all good advice. thanks!

        Comment


          #5
          what is said above is so true.

          we were at a neighborhood party when one of the neighbors fell. she apparently broke her leg in 3 different places. at first, just like the OPs friend, they said no big deal, well, it was a big deal, this poor person was out of work due to i don't know how many surgeries, for over a year! they did have to file a claim with our other neighbors homeowners insurance company. i remember, i was closer to the neighbor who's house the incident happened and i remembered them being so surprised about how small the actual claim was, since that neighbor only asked for medical and some lost wages when they could have gotten way more.

          i would most certainly contact your insurance company.
          8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

          Comment


            #6
            Originally posted by footballfan View Post

            Friend insists he is not holding us liable!
            Wait until he gets the bill.............
            All information contained in this post is for informational and amusement purposes only.
            Bankruptcy is a process, not an event.......

            Comment


              #7
              Originally posted by LadyInTheRed View Post
              The foreclosure shouldn't effect the processing of a claim. Your policy may require you to immediately inform the insurance company about the possibility of a claim. I'd call the insurance company and tell them about the injury. Your friend may not intend to file a claim. But, if he has medical insurance to cover his injury, his insurance company may want to make a claim. Everytime my husband or I get medical care for an injury, our insurance company calls or sends a questionnaire to find out if somebody else can be held liable for the injury.
              I get that it is their job to keep our insurance costs low by spreading costs to where they should go but I have chronic back issues and I get that survey every. single. office. visit. Arghhh!

              PS: To the OP - particularly with possible tendon damage to your friend's hand, let your insurance company know ASAP!
              ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
              Not an attorney - just an opinionated woman.

              Comment


                #8
                I am on it!

                Thanks.

                Comment


                  #9
                  Originally posted by ValleYum View Post
                  I get that it is their job to keep our insurance costs low by spreading costs to where they should go but I have chronic back issues and I get that survey every. single. office. visit. Arghhh!
                  Yeah, my husband went to his doctor because of unexplained pain in his arms and hands. The doctor ordered spine xrays and determined he has a mild form of arthritis that most people get as they age. We got a questionnaire about his "injury". That was annoying. They must automatically send one when there is an xray. We have Kaiser which uses electronic medical records. You would think they could code the visit to indicatate whether it is due to an injury.
                  LadyInTheRed is in the black!
                  Filed Chap 13 April 2010. Discharged May 2015.
                  $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

                  Comment


                    #10
                    Originally posted by LadyInTheRed View Post
                    Yeah, my husband went to his doctor because of unexplained pain in his arms and hands. The doctor ordered spine xrays and determined he has a mild form of arthritis that most people get as they age. We got a questionnaire about his "injury". That was annoying. They must automatically send one when there is an xray. We have Kaiser which uses electronic medical records. You would think they could code the visit to indicatate whether it is due to an injury.
                    that is seriously unreal that every time you go you get one of those forms. both you an Valle must have the same insurance company, lol. we have never rec'd anything of that nature in all the years we have had our insurance. although, we have had the same insurance well over 35 years now, with one of us also just getting on medicare. .

                    i had kaiser as a child. LOL! i remember they actually USE to make house calls in those days. my parents and most all my family out there in CA still have kaiser and really like it still, after all these years. i didn't know they sent those forms though. it's somewhat understandable, as i'm certain they don't want to pay any medical costs that may be able to be paid by another provider as opposed to them. i know when and if we go in via the er or go to a new doctor they initially ask if the nature of the visit is work or accident related, but that's all i have ever seen, never anything from our insurance (BCBS).
                    8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                    Comment


                      #11
                      LOL Tobee!! We have United Healthcare and Tricare. Yes, we are blessed with dual insurance and I am so grateful. UHC hires a separate company to send the survey.
                      ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
                      Not an attorney - just an opinionated woman.

                      Comment


                        #12
                        Originally posted by ValleYum View Post
                        LOL Tobee!! We have United Healthcare and Tricare. Yes, we are blessed with dual insurance and I am so grateful. UHC hires a separate company to send the survey.
                        oh, valle we are as well. i am thankful to them on a daily basis. i think in the last year our hospital and doctor bills have exceeded well over 1 million dollars i think the bcbs had a cap of 1 mill, per lifetime, but thankfully the medicare paid most. (thank you God!). the way it works for our retirement insurance is we have a cap of 1 million but there are three choices of providers, once you reach the max. you can switch but that only can happen once a year. so we were really blessed this pasted year. funny we are talking about this now, i just rec'd a another stack of medical bills today i see a original charge of $ 13, 400 total charge medicare pays (i can't believe) $235, bcbs pays $16.32...balance due the patient, no lie $1.68. good thing they are under contract, thinking about paying less than $300 on a 13k bill!!!
                        8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                        Comment


                          #13
                          Great insurance Tobee!
                          we have health assurance not so good

                          Comment


                            #14
                            Originally posted by pamkev View Post
                            Great insurance Tobee!
                            we have health assurance not so good
                            i know! i still have my fingers crossed...we have a ways to go and i hope most all is covered. our problem is we have a ton of home equipment that was not covered or partially covered. so, they don't want you in the hospital, but they don't want to pay for you take care of someone at home either?
                            8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                            Comment


                              #15
                              Just to follow up, I filed a claim with my homeowners insurance. They have a $2000 medical payment limit, which they are going to offer to the injured party. They determined there was no liability and the injured party indicated that also in a call with the adjuster.

                              My understanding is my insurance sends him a check for $2k and that's the end of it. The injured party apparently has decent medical insurance, so hopefully the 2k will help with any copayments or out of pocket expenses.

                              I truly hope this is the end of things.

                              Comment

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