question on slip and fall case

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question on slip and fall case

Chris Masons
Investor · Union, NJ · Member since 2011 · 838 posts · 295 votes

[b]
Hi guys,

I have someone who is trying to sue me in regards to a slip and fall incident who claim they fell on my steps going to basement.

I do NOT think this person has a leg to stand on as this person is a liar, a drunk and many other things. there is NO negligance on my part and I have a pregenant woman and a 68 year old women going up and down the same stairs daily.

However with that being said, I am reluctant to go to my Homeowners insurance policy with this issue for fear of them raising my rates or possibily dropping me. (even upon a success defense)

I am curious to know what other people's experience are if any when this has happened and you went through your insurance company to fight it and end up winning - which I am 99.99% sure would be the end result. However I don't want to risk them raising my rates due to this type of claim.

In a nut shell all I am asking is in a case where you had to go through your insurance to have them fight a claim and you end up winning is there still a possibily of your rates being raised or dropped?

Do I have the option to fight this on my own? I am THAT confident that he does not have a case. This is a guy who use to do some od jobs for me around one of my properties. HE actually went to one of my tenants and tried to bribe them to say she saw him fall and that he would pay her part of the proceeds he won.

I currently have great rate on my insurance policy and do not want to put that at risk for something stupid and meaningless as this claim.

Any feedback is greatly appreciated.

regards,
Chris

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  • Jeff S.
    Lender · Los Angeles, CA · Member since 2009 · 1k+ posts · 2k+ votes
    14y

    What do mean by “trying to sue me”? Has an attorney contacted you or is this person merely threatening to do so. Give him nothing. To do so will compromise your position if you really do end up in court. If he’s just threatening, there's no need to contact your insurance company. People like this can be lazy and are likely to lose interest.

    If he has an attorney who has contacted you or has already filed, you must turn it over to your insurance company. The attorney will ask the name of your insurance company anyway. Don’t try to defend yourself. You’ll likely get your lunch eaten in court, no matter how frivolous the case. This is why you have insurance.

    Not legal advice. Hopefully, just some common sense.

    Jeff

    0Reply
  • Chris Masons
    OP
    Investor · Union, NJ · Member since 2011 · 838 posts · 295 votes
    14y

    Hi Jeff,

    I received paperwork asking for my insurance company.

    thx,
    Chris

    0Reply
  • Jeff S.
    Lender · Los Angeles, CA · Member since 2009 · 1k+ posts · 2k+ votes
    14y

    Then as much as it pains you, Chris Masons, call your insurance agent. He or she will know what to do.

    Don't wait or procrastinate. It won't go away and your insurance company will need time to prepare. Sorry to hear about this.

    Jeff

    0Reply
  • Sam Craven
    Houston, TX · Member since 2011 · 673 posts · 360 votes
    14y

    most of these cases settle outside of court with the insurance company paying $5k-$15k pretty quickly as its more cost effective for them to offer this settlement then take it to court and win.

    However, some of these ambulance chasing attorneys "who don't get paid until you do" will not hassle with it too much if the insurance company decides to fight.

    Of course it depends on many things, and I highly recommend you get your insurance company in the know ASAP and let them decide what to do.

    0Reply
  • Jesse Tsai
    Investor · Las Vegas, NV · Member since 2011 · 188 posts · 116 votes
    14y

    In my past experience with claims against me, your insurance company will assign a lawyer, who will often work for a law firm that has a very very close working relationship with the insurance company. The insurance company will also pay for the lawyer.

    That lawyer will look at the case, and will have a fiduciary duty to look out for you, their "client", and usually do, but it is important to keep in mind who writes their paycheck. With that in mind, you also have the option of having your own lawyer monitor the case on your behalf.

    In one of my cases, my tenant had a pitbull that bit a neighbor away from my property. They ended up trying to sue me, and the insurance company's lawyer got them to dismiss with prejudice.
    Even after that incident, and a $180K fire at another property, my rates didn't increase, but I do have a claim history now.

    0Reply
  • Eric Miller
    Homeowner · Phelan, CA · Member since 2010 · 23 posts · 4 votes
    14y

    If this is true, I believe this is fraud and you can have him arrested. I would call law enforcement.

    0Reply
  • Albert Hasson
    Investor · Paradise Valley, AZ · Member since 2012 · 366 posts · 214 votes
    14y

    Chris, I would call your insurance opm any ASAP. These things can drag out for years and you will sleep better at night knowing it's being handled appropriately. I doubt they will raise your premium if its as frivolous as you think.

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  • Joe Bertolino
    Investor · El Dorado Hills, CA · Member since 2012 · 1k+ posts · 1k+ votes
    14y

    Turn it in and don't delay, insurance companies will not penalize you for a false claim unless they discover poor or deferred maintenance.

    0Reply
  • Chris Masons
    OP
    Investor · Union, NJ · Member since 2011 · 838 posts · 295 votes
    14y

    Thanks guys, I relaly appreciate the feedback and advice. I planon calling my insurance on Monday and explaining to them the situation.

    Just kills me that I will not have a claim on my spotless insurance record and the posability that my rate will increase.

    Thx again,
    Chris

    0Reply
  • Chris Masons
    OP
    Investor · Union, NJ · Member since 2011 · 838 posts · 295 votes
    14y

    I have one additional question, Are there any charges or course of action I can take if this said handyman went to one of my tenants and asked her to say she saw him fall and offered to split any money rewarded with her?

    This tenant will give a statement and or testify if necessary but based on his actions of going to her can I file any kind of fraud case or criminal action against him?

    thx in advance,
    Chris

    0Reply
  • Bill Gulley
    Investor, Entrepreneur, Educator · Springfield, MO · Member since 2009 · 21k+ posts · 12k+ votes
    14y

    Sounds like an attorney is looking for an out of court settlement. Tell them you will fight them on your own and see them in court and that YOU WILL CONSIDER a counter suit. Don't threaten them with a suit. Then see where it goes. You can always call your agent and inform them of what is going on and hold off on making a claim, you can do that later if needed.....good luck

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