Legal Question in Personal Injury in Virginia

Fall at Open House

I was touring a townhome at and open house and when I stepped from the porch onto sidewalk, the brick crumbled under my foot causing me to fall and I broke two fingers when I fell. I was told by the wife of the builder (and also the realty agent) they had insurance. I had x-rays and reported the injury to the insurance agent. He came to my home and he also told me they had MedPay up to $5,000. I kept a record of my bills and when I had recovered about 95% of the use of my hand, I wrote to the agent and told him the total of bills was $500. I had doctors notes and all. He wrote back and said the client chose not to pay because they had a clause in their policy that gave them the right to refuse payment. Is there anything I can do?


Asked on 8/26/01, 6:50 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Fall at Open House

The insurance company is not directly liable to you. Rather, they are liable to the owner. So the owner may be able to decline to forward your request to the insurer for med-pay coverage. However, it sounds like they made a stupid mistake - it sounds like you probably would have let it go if they covered your medical bills. Now, you are asking lawyers what to do, and what I will tell you is that you may well have a claim for substantially more than the $500 medical bills. If a defect in the brick for which they are liable caused the injury, you have a claim for pain and suffering and any other damages (lost income, for example) in addition to the medical bills. You should see a lawyer who handles personal injury matters right away.

Read more
Answered on 9/04/01, 1:00 pm


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Virginia