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Ray
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Experience:  30 years in civil, probate, real estate, elder law
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I contracted an excavator to clear a lot and excavate foundation

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I contracted an excavator to clear a lot and excavate foundation for a new house. On the first day at work there was a serious accident whereby a tree fell over a man who was working in conjunction with the one I hired. They both have insurance. Today I received a letter from company 'Claims Service Corporation of America'. They say they are handling the subrogation recovery, etc, etc

RayAnswers :

Thanks for your question and good evening.My sympathy here for your situation and dilemma.Did you have homeowners coverage here??

RayAnswers :

Can you give me some more information so I may assist you tonight?

Customer: I am building a house acting as general contractor (I am not a contractor). I have general liability of one million
RayAnswers :

So they are seeking to find out if you have coverage.Likely the other parties filed a claim on their insurance.Subrogation means they are going to try and blame you here and their insurance is going to try and collect anything they have paid out.You would want to pass this on to your insurance.

RayAnswers :

They would then be obligated to defend you in court if you get sued and pay any claims if they find you were at fault.

Customer: They put me on notice that lean will be placed on me. Does it apply to all my assets?
RayAnswers :

If this man was seriously hurt this may be a serious claim here.Your insurance may dispute liability in the matter.Also it is possible that workers comp may be involved and this They would have to sue you here and recover a judgment to then have a judgment lien on real property assets.

RayAnswers :

You definitely want to involve your insurer here as they have to represent you in t his matter and pay claims if you are liable.

RayAnswers :

This has not been determined that you are in fact liable at this point.

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Your insurance may decide that you are not liable after they investigate it.

Customer: I have not reported to my insurance yet. Is it too late since it happened almost a month back?
RayAnswers :

But it is important to timely report this in writing and get a claim number from your carrier or case number.

RayAnswers :

Hopefully it is not too late here.

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I would do this asap.See if you can call it in on

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Monday morning.Make sure you get a case number/claims adjuster here.

RayAnswers :

I am so sorry that you are having to go through all of this.

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Again no liability determination has been made here.

RayAnswers :

The employer is likely to be liable rather than you unless they can show you were negligent here.

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But definitely report it and go from there.I would also tell you to try and take pics and gather information if you can.

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It will be helpful to your adjuster and may help them deny a claim if you were not at fault.

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You should still be able to report this to your carrier.

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This would be less than 30 days since it occurred even on

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Monday here.

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I appreciate the chance to chat with you tonight.Please let me know if you have more follow up.Thanks again.

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I hope that you will be so kind as to leave a positive rating. If you do have any additional questions about my answer please click the "Continue Conversation Link" so I can provide you with a fully satisfactory answer. Please be aware that any rating of 1 or 2 is reflected as a negative rating and I receive no credit for my answers.


 


 


This communication does not establish an attorney client relationship here.Information providedis not legal advice. Rather it is simply general information.


 

RayAnswers :

I think this will all be resolved between carriers, this is why you have such coverage.Things like this happen unfortunately.

Customer: I really appreciate your help. Just one more point, the insurance company required that I have a copy of contractor's insurance and that I did not collect although I know they have insurance.
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Remember no liability determination has been made here.I would contact your carrier and not give out any more information to this Claims Service bunch.You are not obligated to give them anything other than a contact number and policy number.Remember these guys are not necessarily your friends they are seeking to pass the buck onto your carrier.Any statements, etc will not be to your benefit.

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Once you have turned this over to your carrier your carrier may want a statement from you, that way they may use it to deny your liability in this matter.

RayAnswers :

This may drag on a bit while the carriers debate liability and investigate it.

Customer: Really apreciate you chatting with me. I think I will be able to sleep better and will see my lawyer Monday.
RayAnswers :

They usually have a mediation type arrangement if liability is disputed.Good luck here and thanks.

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If you can leave a positive rating it is much appreciated.

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Have a good weekend.

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