When and How Does Homeowner’s Insurance Cover Personal Injury Claims?
Think of all of the places that you go in a week. Now, consider that in any of those places, an accident may occur. An accident on someone else’s property can result in medical bills, pain and suffering, an inability to work and other harm. You may have the right to recover compensation from the property owner’s homeowner’s insurance policy. Our Las Vegas personal injury attorneys explain what you need to know about homeowner’s insurance and how it covers personal injury claims.
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Does Homeowner’s Insurance Cover Personal Injury Claims?
Homeowner’s insurance covers personal injury claims by providing accident liability coverage for the property owner. If the property owner has legal liability for an accident, the insurance company may step in and pay the claim. Homeowner’s insurance covers personal injury claims if there is verbiage in the policy that covers bodily injury. The legal standard for how coverage works is typically based on how the state or federal laws apply to the accident.
Can You Sue Someone if You Fall on Their Property?
Yes, you can sue someone if you fall on their property. If the cause of the accident is the failure of the property owner to properly maintain the premises, you have grounds to make a legal claim. The exact standard for whether you can sue someone if you fall on their property depends on whether you are on the property as a customer or a guest. However, in general, falling on someone else’s property can qualify you to bring a legal claim.
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Suing Homeowner’s Insurance for Injury
Suing homeowner’s insurance for injury is an option if you’re hurt because of a dangerous property condition. A homeowner has the legal obligation to keep their property safe. They may have to actively inspect the property and remedy dangers, or they may simply need to warn you if there is something to watch out for. Homeowner’s insurance covers more than just damage to the home. When a guest gets hurt on the property, suing homeowner’s insurance for injury can be a way to get compensation for medical care and other losses.
Making an Accident Injury Claim Against a Homeowner’s Insurance Policy
Making an accident claim against a homeowners’ insurance policy begins with notifying the insurance company of the claim. You need to tell them what happened and what you’re claiming in compensation. It may be necessary to evaluate the insurance policy’s language to know whether the accident is covered and what the policy limits are. Accident and bodily injury coverage to third parties is somewhat common in a homeowner’s policy. Many accident victims find that they can successfully make an injury claim against a homeowners’ insurance policy.
Notifying an Insurance Company of a Personal Injury Accident
The first step to making an accident claim for bodily injury is notifying the insurance company. Specifically, you inform the insurance company of the homeowner. Of course, you may not know who the insurer is. You can ask, and in many cases, they will tell you.
However, if they don’t cooperate, you have options. An attorney can assist you in writing a formal demand letter to the homeowner. If that still doesn’t produce results, you can bring a lawsuit. Ultimately, their refusing to provide insurance information doesn’t stand in the way of you getting fair payment. If the owner doesn’t give you the name of the company, you can take action. An attorney can help you get results.
Types of Claims Covered by Homeowner’s Insurance
Here are some of the claims covered by homeowner’s insurance:
- Falling on wet stairs
- Trip and fall over broken walkways or items in the path
- A fall that occurs because of a broken railing, stairs or escalators
- Dog bites
- Toxic chemicals
- Parking lot accidents
- Assault and battery and other intentional acts that occur because of negligent security
- Falling because of poor lighting or overcrowding
- Electrical accidents and fire
There may even be some coverage for an accident that occurs away from the homeowner’s property. For example, if you’re in a park and a dog attacks you, the owner’s policy may cover it. It’s essential to look at all of the facts and circumstances to see what coverage may apply.
What to Do If Someone Refuses To Make a Homeowner’s Insurance Claim
If someone refuses to make a homeowner’s insurance claim, you may bring a legal claim. When the property owner refuses to cooperate, or when the insurer refuses to make good on a claim, that isn’t the end of the story. Instead, you may file a lawsuit to demand compensation. Both the homeowner and the insurer may be appropriate parties to name in the suit.
Once you file a legal claim, the other side may choose to resolve the case by agreement. Alternatively, you may pursue a court order that requires the homeowner and their insurance company to pay. There is only a limited amount of time you have to file the case, so be skeptical of any attempts by the property owner to cause delays or string things along.
Is Your Homeowner’s Insurance Able To Protect You?
Can someone sue if they fall on your property? To know if your homeowner’s insurance can protect you, you need to look at what the policy says. There are variations in what’s covered and what’s excluded in various contracts. Look for language about bodily injury and personal liability coverage. In addition to policy language and terms, look out for policy limits. The insurance company can pay a claim up to the maximum amount covered, subject to the actual damages of the victim.
Read More: Dealing with Insurance Companies in Personal Injury
Hiring a Personal Injury Lawyer
A personal injury lawyer can help you claim compensation when you’re hurt because of an accident on someone else’s property. We can help you identify the insurer, determine what coverage applies and fight for maximum compensation. It’s always our goal to resolve the case in the best way possible and with the best possible result. We invite you to contact us and see how we might help you. We offer consultations at no cost to you and with attorney-client privilege. Call us today for an immediate consultation or to schedule an appointment.
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Adam S. Kutner
PERSONAL INJURY LAWYER
With more than 31 years of experience fighting for victims of personal injury in the Las Vegas valley, Attorney Adam S. Kutner knows his way around the Nevada court system and how to get clients their settlement promptly and trouble-free.
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