What are my rights if I slipped and fell on ice at my rental?

UPDATED: Sep 30, 2022

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What are my rights if I slipped and fell on ice at my rental?

I live in a house which is broken up into apartments; the landlord is on site. I came out my door and slipped on the ice right in front and onto cement steps which resulted my breaking my tailbone. it will never be the same because there is no way to put a cast on it. He has openly taken responsibility and I filed a claim with his insurance company. however, I feel that they are playing ring around the rosie. I sent all the bills to them and she also said to call her when I was ready to settle. now she says that she can’t give me a quote on my possible settlement. Also, when they came out to review for the homeowner’s insurance, they overlooked that my steps at not up to code. So is the insurance company responsible and what is the usual settlement offer?

Asked on May 12, 2017 under Personal Injury, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The insurer is not responsible to you--they are not your insurer. They are responsible to their insured (the landlord), who pays for the policy: to defend them in court, and pay any court-ordered judgments against them, at least within the terms of the insurance policy and up to the policy limits. The insurer can voluntarily settle a claim without a lawsuit, if they think it's in their (and/or their insured's) interest, but don't have to: the only way to ensure you get paid is to sue the landlord, prove the landlord was at fault in court (that is, prove that not clearing the ice was, under the circumstances, negligent or unreasonably careless), and getting a court judgment against them--at that point, the landlord and/or the insurer shold pay.
There is no "usual" settlement: it depends on the extent of your injury and any future or lasting impairment (which can entitle you to an award or amount for "pain and suffering"), your out-of-pocket (not paid by insurance) medical costs, and your lost wages and impaired earning potential (if any). If you tailbone will never be the same and you may have future pain or impairment, it would be very well worth it for you to consult with an attorney about what your case may be worth and whether you should file a lawsuit.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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