If someone is hurt on your property or inside your home, his or her damages should be covered by your homeowners’ insurance policy. In most policies, the liability coverage of the insurance will cover all of the damages and losses due to the injury. This includes not only the individual’s medical bills, but also pain and suffering, lost wages, and compensation for disfigurement or loss of enjoyment of life. As long as the individual’s damages are within the limits of your coverage, all damages are covered.
In addition, if an accident victim files a lawsuit against you, the insurance policy will cover the costs of hiring an attorney and paying the attorney’s retainer. However, keep in mind that in some cases, an individual’s damages as well as attorney’s fees for defending the case could exceed the limits of your policy. In that case, you may be personally responsible for covering any shortfall. Some people choose to buy umbrella policies that can help provide additional insurance in the event that occurs.
Most insurance claims due to injuries on a person’s property are based on negligence. Typically, in order for the injured person to obtain money from his or her claim, it must be shown that the property owner was negligent. That could be because a dangerous condition existed on your property and you failed to repair it or warn about it. There is an exception for intentional actions – so if you intentionally caused injuries to a visitor to your property, your homeowner’s policy will not cover those damages.
If someone is injured on your property, you need to report the injury to your insurance company as soon as possible. If you wait too long to report the accident, it may seem suspicious. Insurance companies get hit with fraudulent claims on a regular basis, and you do not want to make the process more difficult than it needs to be.
You may be reluctant to involve your insurance company. Insurance companies aren’t thrilled about paying out claims, and in some cases will cancel the insurance policy if even one claim is made. If the damages are minimal, in some cases the homeowner will attempt to pay the claim themselves.
Normally, once a claim is made against an insurance policy, it is handled just like claims against automobile drivers. The insurance company will assign an insurance adjuster to the case. The adjuster will contact the homeowner as well as the injured person to get both sides of the story. The adjuster may ask for recorded statements from both sides, as well as medical records for the injured individual.
Some of the most common injury claims made against homeowners include slip and fall accidents, falls on staircases or uneven land, drownings, negligent security, and more. If you have been injured at another person’s home, you should take steps to secure your legal rights. At Liberty Law, Micha Star Liberty believes that all injured accident victims should have high quality representation in order to ensure that they receive the compensation to which they are entitled.
If you have been injured on another’s property in the Bay area, including Oakland, San Francisco, San Jose, Tracy, Fairfield, and Sacramento, call San Francisco personal injury attorney Micha Star Liberty at 510-645-1000. She can help. Call today to learn more or to schedule a free consultation. You do not pay any fees until she obtains compensation for you.