My mom, who lives with me and suffers from Alzheimer's, fell. Am I liable for her ER care?
Her Med insurer is considering legal action. My mother lives in my home full-time. She uses a walker with assistance and fell on her own. We were unable to stop the fall because of her weight being over 200 lbs.
Kiyoshi, sounds like your Mom isn't on Medicare yet as she is younger than 65, is that correct? I know with Medicare, with all the falls my parents had at their own home, inside and out, not once did Medicare question the falls, nor not once did Medicare ask for the homeowner's insurance to be involved. And my parents both had serious 911 falls.
As Jeanne Gibbs mentioned their legal department is looking to pass on the claim elsewhere. I have a attorney friend who is a litigator handling the correspondence. Thank you all for allowing me to vent.
Talk to YOUR insurance agent. YOUR insurance agency has a legal staff and lawyers and they will represent YOU. Go there first before you consult an outside attorney.
Is it possible that, because there was a fall, the Medical Insurance co (Medicare or not) is simply seeking information about whether someone else is liable? As in, was your mom on a bus, in someone else's home, tripped on a sidewalk? Is this a form letter that says that they are contemplating legal action?
Or has the insurer contacted you and said, we are contemplating legal action against YOU?
These are two very different scenarios. It has often been the case when my husband or I has been injured that we've gotten a form letter from our insurance plan asking about the circumstances, and if there is another liable party. As in, I got hit by a car, and MY insurance did not cover my ambulance trip, imaging or aftercare; the insurance of the driver did.
Their threats sound odd. I'd get legal advice instead of believing what they tell you. It doesn't sound like they have standing to sue you. I'd ask for a free legal consult with your Homewowners policy attorney (they may be bound to represent you if you are sued) and you can get a second opinion too with an experienced personal injury defense attorney.
Wow - How old is your mom- is she covered by Medicare or is this a supplement that is looking to recover from you? Doesn't sound like you were negligent so why are they saying you are responsible - is she your dependent ?
My homeowners policy excludes family members who live in the household. If her medical insurer chooses to litigate, I will have to incur legal defense costs. I love my mom, but caregiving while continuing to take care of my family and maintaining a career has been taxing on many different levels. Bottom line is that I am taking it personally.
Insurance companies often negotiate who pays what. If your home owners insurance or general liability insurance covers this then maybe her medical insurance won't. I assume the costs will be covered by insurance -- they are just figuring out which insurance.
Do not take any of this personally. It is not about whose "fault" the fall was -- only about which insurance company needs to pay.
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Or has the insurer contacted you and said, we are contemplating legal action against YOU?
These are two very different scenarios. It has often been the case when my husband or I has been injured that we've gotten a form letter from our insurance plan asking about the circumstances, and if there is another liable party. As in, I got hit by a car, and MY insurance did not cover my ambulance trip, imaging or aftercare; the insurance of the driver did.
Doesn't sound like you were negligent so why are they saying you are responsible - is she your dependent ?
Do not take any of this personally. It is not about whose "fault" the fall was -- only about which insurance company needs to pay.