A home health agency employee was taking care of my mother in her home and started a kitchen fire. Can she recover damages from the home health agency and also file a claim with her ? We don’t know if the home health agency will go through their company or just pay her outright for damages. If they just pay her for damages, can she still file and collect from her homeowner’s ?
Pleas clarify this point:
If the home health pays my mother for damages without filing a claim thru their company, can she file a claim with her company also?

And what is sew?

 

  • mbrcatz17 2:52 pm on August 21, 2010

    There is a clause on your homeowners policy, called a "waiver of rights of subrogation" clause. That means, if your mother files a claim with her homeowners policy, she automatically gives her right to sue the at-fault party, to her insurance company.

    So, she CAN file and collect with two different insurance companies, but then she’ll have to pay back her insurance company.

    In reality, though, the other insurance company is going to seriously drag it’s feet about paying her. Her homeowners policy will pay as soon as she has all the paperwork in to them. So they’ll notify the other insurance company about the subrogation rights, and once they tell her homeowners company she ALSO filed a claim with THEM, then 1. her homeowners carrier will get all huffy (with reason!) and 2. the liabiltiy carrier for the other party will note the file, and possibly not pay anyone.

    I’ve seen claims like this, but I’ve never seen a liabiltiy carrier pay out for an accidental fire. So my advice is, only file under the homeowners, and don’t expect to get anything from the other party.

  • torskie 2:52 pm on August 21, 2010

    The honest thing to do is to tell both companies. If you are looking to recover damages from two companies, the total costs of the dmages is all you should get..

    FOr some insurance, like life insurance, the amount received is additive…meaning you collect full amounts from all. From damage claims, like health and property…you get the amount of the loss from all.

  • pauleshe 2:52 pm on August 21, 2010

    You can’t get it from both. Just file a clam with your home owner ins and they will sew. If you sew you will have to pay the ins co back . Let the ins co do all the work. that is what they are for.

  • markmywordz 2:52 pm on August 21, 2010

    This is actually a very routine occurrence.

    You can file it with your homeowner’s insurance and they will pay the claim but then they will file what is called a subrogation claim, where they file a claim (or suit) against the at fault party if they have insurance to cover the claim.

    In this case, your mother should file a claim against her homeowner’s insurance and tell the company that the claim might also be insured through the home health agency. Even if the agency didn’t have insurance for this type of claim, your mother’s HO insurer would likely sue or file a claim with the agency anyway demanding payment.

    You cannot collect from both insurance policies. If you sign a claim form from your homeowner’s insurer, they will make you swear you didn’t collect from any other sources.

  • General Custer 2:52 pm on August 21, 2010

    most policies will not allow double collection.. You need to tell each company about the other. They will pay once and determine between themselves how the loss will be shared.

  • Jimmy1575 2:52 pm on August 21, 2010

    Insurance companies are liars and try to get out of lots.
    What I would do, is file with both ins companies, dont tell them you have the other ins and see what happens. You paid for it, now use it. Its your money!

  • Barry T 2:52 pm on August 21, 2010

    As a general rule no. The purpose of liability insurance to to restore you to the same state prior to the accident. Most generally when you file with more than one company they are going to want to know if you are filing with any other insurance companies. If you answer no and lie, you could find yourself in litigation with the insurance company for fraud.

    However, if the company that insures the home health worker refuses to pay then to my understanding you can file with your company who will pay and file a claim with the other company. I would contact your agent and ask what the procedure is.

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