Legal Question in Insurance Law in Nevada

I was bit by my neices pitbull on 4/14/11 at my home. I had to go to the hospital and recieved stitches oin both hands. And i was reffered to a hand surgeon. And had surgery on both hands on 5/10/11. I have been paying all medical bills and physical therapy out of pocket as allstate insurance informed me that they will only offer payment after all medical is done. I was reffered to a pain management doctor by my hand surgeon as my hand is not responding properly to physical therapy. But i can no longer afford to pay for anymore medical treatment. Allstate insurance sent me a check for 1,000 dollars for medical. But i have paid over 5,500 on my own. If i cash this check does that mean allstate will not reimburse me for the rest of my medical bills?

Asked on 7/12/11, 10:42 am

1 Answer from Attorneys

James Smith James E. Smith Ltd.

If Allstate is your own homeowner's insurance then it probably is paying you the medical payments coverage on your policy. A homeowner cannot make a claim under the liability portion of his or her policy for an accident. That portion of the insurance policy is meant for other people getting hurt in your home because of your negligence. If your niece, or your niece's parents, if your niece is a minor, has homeowner's insurance you may be able to make a claim under the liability portion of that policy. You need to check to see if there is such a policy. By cashing Allstate's check you are not waiving anything, but, like I said that money is probably the maximum medical payment coverage you have available from Allstate.

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Answered on 7/12/11, 1:13 pm

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