# Uninsured Subcontractor



## papa317 (Apr 13, 2010)

I am an electrical contractor that hired a subcontractor who claimed to be licensed and insured but after he got hurt at one of my jobs, he is trying to sue me for the hospital bill. He would never give me a copy of his insurance because he said he was in the middle of changing insurance agencies. Is this something that is a lost cause to me and should I just pay or should I take this matter to the highest level?


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## DaVinciRemodel (Oct 7, 2009)

papa317 said:


> I am an electrical contractor that hired a subcontractor who claimed to be licensed and insured but after he got hurt at one of my jobs, he is trying to sue me for the hospital bill. He would never give me a copy of his insurance because he said he was in the middle of changing insurance agencies. Is this something that is a lost cause to me and should I just pay or should I take this matter to the highest level?


papa, first let us know you're a contractor with an intro! Second, give us more info: how bad was the injury? Hang-nail? Lost an arm? I'm guessing your a new contractor - no one works on the job site without insurance! More info please.


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## Trim-man (Mar 13, 2010)

Your insurance will more than likely pay the bill, it will be less than fighting in court. I had a similar situation (although I had his COI he had not paid his premium) my insurance just paid the bill. I have a hard and fast totally non-negotiable rule, no certificate of insurance=no check, period.


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## rwa (May 6, 2009)

just a word of advice, always have your subs list you as additionally insured with a 10-30 day notice of cancellation then make sure you have the certificate in hand before he sets foot on your job


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## DaVinciRemodel (Oct 7, 2009)

I thanked Trim-Man for "non-negotiable rule" :thumbsup: And I thank rwa for the "additionally insured". I learned my lesson a long time ago that we must be the "cert holder"! No "copies" allowed!


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## DaVinciRemodel (Oct 7, 2009)

Looks like it probably does'nt matter - seems pappa is a one timer!


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## rwa (May 6, 2009)

DaVinciRemodel said:


> .... one timer!


no need to bring his sex life into this :whistling


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## papa317 (Apr 13, 2010)

Thanks for the reply. I had several employees back in the days and had to cut back due to the economy so I subcontract most of my work now since it is cheaper. I never thought there would be low class scammers out there trying to find trouble.


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## papa317 (Apr 13, 2010)

Yes, the subcontractor fell off the second step of a four-foot ladder due to him passing out as he started climbing on it, says the homeowner. I personally think he was on drugs.


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## Wolfgang (Nov 16, 2008)

That could open up a "new can of worms". But as it sets right now, it's your word against his...and we all know how that works out.

My written contract/policy with all subs states that in the event of any work site related injuries/deaths all employees involved will submit to drug/alcohol testing. I've been using the same subs for years and every job will have a signed copy of the contract. They have even made copies for their use and I sign it when subbing to them.


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## AustinDB (Sep 11, 2006)

you contracted a job and someone high shows up at the HO's house? I'm guessing it would be best if your insurance pays up instead of having the sub come after the HO's insurance, even if that's a non-winnable pursuit, the taste in the HO's mouth would be bad. 

guys-you have posted some great info pertaining to contract language-thanks!


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## mics_54 (Oct 28, 2008)

You hired a sub that didn't have insurance...you are liable.


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## DaVinciRemodel (Oct 7, 2009)

rwa said:


> no need to bring his sex life into this :whistling


If he's not going to complete an intro - everythings fair game! :laughing:


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## bauler (Nov 10, 2006)

So, what was his injuries from falling 2'. Head fell off? Bet he isn't licensed either. If he's licensed I don't think you are responsible.


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## mics_54 (Oct 28, 2008)

Hah...we'll see if you aren't responsible when your insurance company audits you at the end of the year.

Not sure where you are but in order for a sub to go to work for a contractor the subs insurance company must send a statement of the subs current policy with proof of work comp if your state requires it (even if your state doesn't your general liability carrier can still require it on your policy) and add you onto the subs policy as an "additional loss payee". The sub doesn't send this to the GC..the subs insurance company sends it to the GC.


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## Taylordhome (Apr 16, 2010)

That happened to me! One of my Subs gave me his licensing paper work and when my insurance company audited me I thought I was fine and turned it in. Turned out he started the policy, got the paperwork, and canceled. Now my insurance rates have doubled due to using an uninsured contractor! I made him pay the difference!


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