Wells Fargo / mortgage (homeowner's insurance)
HELLO! Our complaint is a little different than others I've seen but we are wondering if anyone has had or heard of a similar experience and what options we may have. My wife and myself went to her niece's boyfriends house at approx. 4am on Feb. 18 because her niece had called saying their basement was flooded and she wanted me to look at it and try to figure out what was going on. When we got to the home, we were not aware that the niece and a friend had been up & down the stairs. The hallway light was burned out. As my wife opened the cellar door to go into the basement, she slipped head-first down the stairs, twisting and turning eventually landing on her back, and then rolled down the last few steps into the water in the basement. In trying to get to her, I nearly fell myself. We got her up into the kitchen and called 911. She ultimately had broken 3 bones (Ankle, Fibula & Knee cap) as well as tore some ligaments in her neck and fractured a finger & her nose. She was transported to the hospital and spent nearly 12 hours in the ER. Her ankle was placed in a cast and a knee brace applied. She also had to wear the neck collar. She may or may not require surgery down the road depending on how everything heals. So, here's the issue. The homeowner had bought the house and at some point, Wells Fargo bought the mortgage from the other company. Somehow, he allowed his homeowners insurance to lapse. Wells Fargo, as a stipulation for having the mortgage, then purchased homeowners insurance for him and it was paid by his escrow. But here's the kicker. Apparently they only bought coverage for the dwelling only...NO LIABILITY which is crazy considering the fact that basic coverage includes liability insurance. So, in essence, they only covered themselves for the dwelling...So my wife gets hurt on the premises, and then Wells Fargo says there is no liability insurance to cover her medical bills, pain & suffering, etc...My question is, what can we do. Suing the homeowner isn't going to do much because he don't have much. And even a Judgment can be difficult if not impossible to collect. Plus, a bankruptcy filing would wipe a judgment out. Can we sue Wells Fargo? Has anyone else either had a similar experience or know someone who has? Anyone else have someone get hurt on their property and not have coverage? What happened? What did anyone else do? Any help or suggestions would be appreciated...THANKS!
I should also point out that the cellar stairs and the hallway landing turned out to be wet from her niece and friend who had tracked water from the flooded basement. Also, the stairs have linoleum on them without the anti-slip strips. I did wind up taking pictures after the ambulance took her to the hospital and prior to me leaving for the hospital on the advice of the medics and police on scene.
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