If a personal injury occurred before the divorce was final, can I file against the wife’s homeowner’s policy for payment of medical fees?
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If a personal injury occurred before the divorce was final, can I file against the wife’s homeowner’s policy for payment of medical fees?
The estranged husband was living in an apartment with no
renter’s insurance and had a dog that bit my granddaughter
in the face taking off a chunk of her nose. He was
unemployed and had no funds. My granddaughter’s mother
did not have any way to pay the insurance deductibles for
my granddaughters plastic surgery and hospitalization, so I
paid for it to the tune of 6800. I subsequently learned that
the dog owner’s divorce was not final until a month after the
injury occurred, so I want to know if I can demand that the
estranged wife who owns their house file this against her
homeowners insurance policy so that I can be reimbursed?
Asked on September 28, 2016 under Personal Injury, Texas
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The landlord, who owned the apartment building where the dog attack occurred, is liable for the injury. The personal injury claim should be filed with the landlord's insurance carrier. The personal injury claim should include the medical bills and medical reports.
Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of the injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.
If the case is settled with the landlord's insurance carrier, NO lawsuit is filed.
If settlement offers from the insurance company are insufficient, reject the settlement offers and file a lawsuit against the landlord based on premises liability. You or another individual will need to be appointed guardian ad litem to file a lawsuit on behalf of your granddaughter if she is a minor.
If the case is NOT settled, the lawsuit against the landlord must be filed prior to the expiration of the applicable statute of limitations or your granddaughter will lose her rights forever in the matter.
With regard to the estranged wife, you said she owns a house. If she doesn't own the apartment building where the dog attack occurred, her homeowner's insurance won't cover this because it did not occur on her property.
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