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Updated about 1 year ago on . Most recent reply

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Scott Kimminau
  • Shawnee Mission, KS
5
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Responsible for tenants daughter slipping on porch with ice

Scott Kimminau
  • Shawnee Mission, KS
Posted

I’ve had 8 properties for close to 10 years and never had an issue so probably lucky maybe. I just received a letter from an attorney in the mail that there was an incident at one of my rental properties where the tenants daughter slipped on ice on the porch and had to call an ambulance and went to the hospital. The letter states to turn it over to my insurance. The tenant does not have rental insurance. I called the tenant because she never told me and asked her about it and she confirmed her daughter slipped and fell. The lease states the tenant is responsible for snow, ice, and lawn so I would think that helps but mainly curious if anyone else has run into a similar situation and what the impacts of the insurance could be after this. 
I’ve contacted my insurance agent and waiting to hear back. Wondering if I need to contact an attorney of my own as well. 
thanks 

  • Scott Kimminau
  • Most Popular Reply

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    Nathan Gesner
    • Real Estate Broker
    • Cody, WY
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    Nathan Gesner
    • Real Estate Broker
    • Cody, WY
    ModeratorReplied
    Quote from @Scott Kimminau:

    You do not need to report this to an attorney. Your insurance provider has attorneys on staff that will handle it.

    Here's how this works. The Tenant hires an attorney. That attorney writes you a letter asking you to file an insurance claim. Your insurance attorney looks at it and does some calculations. They could spend $10,000 in court defending this, or they can offer $2,000 as a settlement. It goes back and forth a few times, they settle, your tenant and her attorney both get some easy money and your insurance rates may go up.

    You could ignore it like Karl recommends and they may decide to drop it. If they pursue it in court, there's a better chance of losing since your lease clearly states the Tenant is responsible for the snow and ice removal. It's like suing you for choking on a hot dog that they bought. The problem is that our justice system is always a crap shoot and you may be found liable even if you are innocent. The insurance company would foot the bill, but it's still a lot of time and stress on your part.

    If it were me, I would call the insurance provider and ask their advice, then follow it.

    • Nathan Gesner
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