Guest injured falling down stairs

Airbnb told me about the host insurance. There is a section on it on the site. However, she wrote to them and got this response from another agent, which is wrong. She did get a refund for the days she didn’t stay as well as this nice offer! Being well compensated for this accident at least!

I am really sorry for your accident; I hope that you are on your way to a speedy recovery!
Regarding the medical expenses claim you’re asking about, this has to be addressed by your host since the accident occurred inside his listing. From our part, we have already refunded you for the nights you didn’t spend with Ellen. All other claims regarding the accident have to be reported to the Host and the host’s insurance company.
In order to compensate you for the troubles you had I am open to provide you with a coupon for you to use on your next trip with Airbnb. Let me know if this is ok for you.
Please reach out to Ellen about your claim and hopefully everything will be dealt with.

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I would love to see Airbnb absorb some of the loss we hosts have in these situations, but I understand that’s not pursuing.

Since she uppped the ante by contacting you after her departure and after the refund, I would not communicate with the guest without the advice of a lawyer, but that’s just me. Does your homeowner liability insurance cover you for renting?

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A lot of health insurance policies won’t cover medical expenses if they are the result of an accident. In the case of an accident, in general the liability insurer pays the medical bills. It is common in the event of a slip and fall to file a claim against the homeowner policy.

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I have never heard of this with a health insurance policy. I have never considered claiming on home insurance… and I am thinking through all the accidents that have happened to our family, and everyone was covered.

Can accidents be excluded from health insurance in some states?

In the U.S. it is standard operating procedure to file a claim against the homeowner policy in the event of a slip and fall. It does not signify an “outrageous, demanding cow”. I have a friend whose mother slipped in her daughter-in-law and son-in-law’s entry way. The daughter-in-law and son-in-law worked in the insurance industry. They advised my friend’s mother to file a claim against the homeowner policy. I have another friend whose partner slipped in my friend’s mother’s bathroom. Again, the only way have the medical costs covered was to file a claim against the homeowner policy. The person who fell’s medical insurance policy wouldn’t cover the costs because they were the result of an accident.

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I don’t know if it is a state by state issue. I know that when I worked in entertainment business management I had to fill out countless medical insurance claim forms for clients. Each claim form asked if the medical treatments were the result of an accident. This was because if the medical treatment was the result of an accident either workers compensation or the liability insurer would be responsible.

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But that is different. When you are an employee or contractor, especially with a union contract which plainly states that workman’s comp is in play, you are in a totally different relationship than a guest in a home. When you are covered by workman’s comp then you actually more coverage including loss of income, job protection, and depending on the union, cash payments to assist with out-of-pocket expenses.

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I’ve also mentioned two slip and fall claims against the homeowner policy. I don’t know about other states, but it is standard in California to file a claim against the homeowner policy in the event of a slip and fall, dog bite, etc.

It doesn’t apply to your own family. Liability is for injuries or damages that happen to someone else. Just as your auto liability policy doesn’t cover your own car. I’ve been in auto accidents where someone with no insurance tried to claim the accident was my fault so my insurance would have to pay.

What happened with this woman was someone got in her ear and said. “are you sure it isn’t the homeowner’s fault?”

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Actually, in Massachusetts my car insurance covers my car regardless of who is at fault.

I would never file a claim against someone’s home owner’s policy. Their rates will at least triple, if they can even buy insurance going forward. It is a ruthless industry these days. Guess I will continue to be very careful on ice! :wink:

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I have insurance that covers my car in an accident, it’s called collision. I have to pay the deductible though. If someone else is at fault their insurance pays every cent. My auto liability insurance covers the other party but only if I’m at fault.

It may be different in MA but it seems odd to have auto insurance where fault is not a consideration.

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Massachusetts does have no fault auto insurance.

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Yup. But there it is. If you are at fault you have points assessed which changes your insurance risk pool for seven years and is very costly. If you are not at fault, then you don’t. By the way, this is called No-Fault insurance and was instituted since there was so much fraud. MA is very good at fraud.

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So, my example using car insurance was not an apt one. As one of my students once told me “Miss, your analogies suck!” LOL.

It still applies that if you were injured while at someone else’s home you might hold them liable and ask them to contact their insurance company. If you were injured at your own home you wouldn’t make claim with your own homeowner’s insurance, you would use your medical insurance.

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Hi @Ellen_Liang

Airbnb’s response doesn’t make any sort of sense. Surely that;s what this is for https://www.airbnb.co.uk/host-protection-insurance

Yes, the Airbnb policy description says its covetage is primary and the agent’s response says the host’s insurance is primary. Completely contadictory. Please keep us posted as you pursue this with Airbnb. If you continue to not receive help from Airbnb, you may want to post the agent’s response on Airbnb facebook page with your story and say you don’t understand why Airbnb is not providing the coverage as it says it will in writing.

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@EllenN. Your comments have me concerned. Did these incidents happen after the passing of the law which removed the cap to lifetime Medical insurance claims? If someone came to a dinner party, I could end up with a house insurance claim? Did the insurance couple explain why it was best for the in-law to file a house insurance claim? Who was this better for?

Why do Dr.s need to know anything other than I fell? Why would I have to report that I fell in someone else’s home – I already pay for my medical insurance. Whether I fell in my own house, out on the sidewalk, in a store – I’m the one who fell. I have medical insurance (and deductibles, etc. that I will eat since being an adult and sometimes falling means bills) . Who would file a claim against someone else’s home insurance if they already have medical insurance?

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A lawyer friend told me that health insurance doesn’t like to pay for accidents, especially if they can get another insurance company to pay for it. Everyone likes to shift the blame, I guess.

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