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Posted in Personal Injury on June 13, 2017   |  by Gary Burger

Insurance Won't Pay After Slip and Fall?

What do you do if the insurance company won’t pay you for a slip and fall injury? Well, there are a number of things you can do and some things you can’t. So, what you want to do is make sure that if you get in a slip and fall injury, you report the slip and fall immediately to the place where it happened. If it happened in the store, tell the manager, fill out an incident report. If it happened on private property, tell the landowner. You want to report it immediately and then you want to get immediate medical care so that they can’t deny your claim or not pay you because of some type of a delay.

So, insurance claim representatives are going to do all kinds of stuff to try to not pay you on your slip and fall. They’re going to say it was your fault. They’re going to say that your damages aren’t related. They’re going to say that they don’t have to pay you for certain stuff. They’re going to say, “If you don’t give me a recorded statement, we’re not paying you.” They’re going to say, “You should have been looking out, and then if there’s ever something on the ground, it’s your fault.” None of those are true.

In the book that we have on our website on Page 17, I have a list of all the fake things that insurance claims adjusters say to you to try to make it so that you can’t recover, and you have rights. Starting about Page 19, I talked about, “What are your rights in dealing with insurance companies?” You want to figure that, but sometimes when you have slip and falls, you don’t know who the defendant is because a grocery store may lease the parking lot from someone else, and you fall on black ice in the grocery store, it’s not the grocery store’s fault, it’s some other company. So, we do a lot of work in trying to identify the right company.

But, you can go file a claim on your own, in a small claims court up to $5,000. In small cases a lawyer like me cannot add value to your case, but in a bigger case with more serious damages and more challenging liability, that’s the kind of case where a lawyer like me can help you.

And so, if you’re in a slip and fall and you’re not getting recovery and they’re not taking care of you, often your only choice is to go to a lawyer. Now, no one gets in a slip and fall when it’s not their fault, and then has those injuries, and now says, “Now, I want to fight an insurance company and have to go to a lawyer.” No one wants that.

But remember, these companies have rules. If you’re a company and you invite people onto your property to have them be your guest, your customers, you have certain rules you follow. You can’t have a dangerous condition. You have to salt and shovel. You can’t have water on the floor. You have to monitor your floors to make sure people don’t spill on it. You can’t have merchandise falling on your head or on the floor.

In Missouri and Illinois, the Midwest is the thawing and refreezing capital of the world, and just because they shoveled once, and then those puddles form, and then black ice forms, and then it’s worse than it was before. You got to be vigilant about that and not create those dangerous conditions, and the landlord and the landowner, the standard’s whether they could have known of that, not should have known of that. That’s an important distinction. So, they’re liable, many times they’re liable, and if you are looking out your best to see where you’re going, and you look up, you look down, you look around, and you don’t see it, then that’s not your fault.

So, if you have any questions and you need a lawyer about this, call me, Gary Burger at Burger Law, at 866-599-2222, in Missouri 314-542-2222, and Illinois 618-272-2222. Go to, email me at We’re happy to help you if an insurance company won’t pay you for a slip and fall. They don’t have to pay you. In fact, they deny claims all the time. People think often that, “Hey, if I fall, they have to pay me.” No, that’s not true in any way, so be vigilant and look out for yourself and see if you can get 100% compensated.