Making an Accident Injury Claim Against a Homeowners' Insurance Policy

Recovering from a Homeowners' Insurance Policy After an Accident Injury

Generally, a homeowners' insurance policy covers claims for damage to the policy owner's property, such as flooding, fire, wind, hail or other storm damage. In addition, a homeowners' insurance policy also covers claims against a homeowner for accidents that injure other people while they are physically on the policy holder's property. If someone is on the policy holder's property and is injured as a result of the policy holder's negligence, then the homeowners' insurance policy will cover the claim filed by the injured party.

Learn more below about the process of recovering against another person's homeowners' insurance policy for injuries that you or a loved one sustained on their property and how the trusted and skillful Los Angeles personal injury lawyers from our office can assist with your injury claim.

Understanding Premises Liability in Los Angeles

Premises liability is the principle that a negligent property owner may be responsible for the injuries sustained by another person while they are present on the property of the owner. At the heart of a premises liability claim against another person's homeowners' insurance policy are injuries caused by a defective or unsafe condition present on the insured property.

One of the primary things that the injured party must prove in a premises liability case against a property owner is that the property owner did not exercise reasonable care in trying to prevent harm or an injury to another person while they were present on the property. This means that even though the injury sustained to the claimant may have been an accident, the property owner had some role in failing to create a safe environment for visitors to their property.

What are the Most Common Types of Premises Liability Cases in the Los Angeles Area?

There is a long list of injuries that can be incurred while on another person's property, but these are some of the most common types of cases that are filed against another person's homeowners' insurance policy.

Slip and fall injuries from dangerous conditions
Tripping over dangerous objects left out on the property
Failure to maintain the grounds or structure of a property in a safe condition
Dog bites

Claims for an Accident Injury in Los Angeles

If you or a loved one suffered as a result of an unfortunate accident in the Los Angeles area, you may be able to recover against the insurance policy of the responsible party. Dealing with insurance companies and understanding how to negotiate a settlement after a major injury can be an overwhelming challenge. The first step is figuring out which insurance policy to file a claim against.

The Difference Between Filing a Claim Against Your Insurance Policy and the Responsible Party's Policy

When dealing with an accident caused by the actions or negligence of another party, any claims that the injured victim files should be against the insurance policy of the responsible party. The responsible party would have to pay whatever the deductible is for their insurance coverage to kick in and cover the remaining amount of the injured party's claim.

Filing Against a Business Entity's Insurance Policy

Some premises liability claims will involve injuries sustained at a property that is not a residence. It is possible to file a personal injury claim against an entity's property insurance policy the same way that an injured person could pursue a claim against an individual homeowner's insurance policy. A skilled personal injury attorney from the legal team at West Coast Trial Lawyers will be able to help you ensure that you are filing a personal injury claim against the appropriate entity. Failure to file a claim against the correct insurance policy could result in long delays in your case and could even prevent you from recovering for the injuries that you sustained altogether.

Deadlines to File Personal Injury Claims Against the Responsible Party's Insurance Policy

One of the most important things that you can do after being injured on another person's property is to take immediate action in preserving your rights to file a claim. If you delay in speaking with an attorney or putting the property owner on notice that you are going to file a claim against their homeowners' insurance policy, you could unfortunately jeopardize your ability to pursue the claim.

One of the critical reasons why accident victims should speak with a personal injury lawyer as soon as possible after they are injured is that an attorney can ensure that you do not miss any important deadlines in filing your claim. If you do not file your claim timely, you could be out of luck with respect to recovering any damages for the injuries that you suffered as a result of someone else's negligence.

One tactic that some insurance companies try against unrepresented injured parties in these types of cases is dragging out the settlement discussions so that the filing deadline to get a lawsuit on record has passed. The insurance company then does not have the fear of having to sort out these issues in court and may even shut down all negotiations about settling your injury claim.

While it is possible to settle your claim for an acceptable amount without ever having to go to court or file a lawsuit, a competent personal injury attorney will be able to review all of the details of your case and make sure that you still have the option to bring a lawsuit if necessary. This prevents you from losing leverage over the insurance company and will result in more productive settlement negotiations from the outset.

Costs and Damages Covered by the Responsible Party's Insurance Policy

The responsible party's insurance policy may pay for the expenses that you incurred as a result of the injury, including medical bills, any property damage, loss of income, pain and suffering, long-term medical treatment and any other out-of-pocket expenses related to your injury. It can be easy to underestimate the many expenses that you will incur as a result of your injuries because you may not be thinking about the long-term effects of a serious accident and how it can affect your financial stability for years to come.

Claims that May Not Be Covered by a Homeowners' Insurance Policy

Negligent acts by a policyholder are the primary category of claims that can be filed against another person's homeowners' insurance policy. However, intentional acts by the policyholder, such as assault, are typically not covered by that person's homeowners' insurance policy. Also, claims for professional or business services that were performed on another person's property are generally not covered by the homeowners' insurance policy.

How an Attorney Can Assist with Your Claim Against a Homeowners' Insurance Policy

One of the biggest mistakes that victims of a major accident can make in trying to put their lives back together after a major injury is to settle for less than the full amount of what their claim is worth. Insurance companies often try to bully and pressure unrepresented accident victims into a premature settlement before they have a chance to consult with an attorney. Do not let this happen to you or your loved one after an accident.

Avoid Signing Away Your Right to Pursue a Claim Prematurely

An experienced Los Angeles premises liability lawyer will ensure that you do not sign away any of your rights to pursue a claim without receiving the compensation that you deserve from the insurance company. Without competent representation by a personal injury attorney, accident victims can be persuaded to sign an early settlement agreement with the insurance company that does not allow them to continue pursuing their claim even if they receive less than the full amount that is required to take care of their immediate and long-term injuries.

Keeping Track of All Relevant Documents Related to Your Claim

A knowledgeable Los Angeles premises liability lawyer will be able to guide and assist you with collecting all of the required documents to pursue your injury claim against another person's homeowners' insurance policy. For example, you will need to carefully track all of your medical appointments and treatments received as a result of your injuries sustained on another person's property. You will also need to document all of your communications with any insurance companies. Document collection and review is vital to successfully pursue a premises liability claim.

Contact West Coast Trial Lawyers Today

Call the experienced and resourceful legal team at West Coast Trial Lawyers at (888) 769-0971 to schedule your free initial personal injury claim consultation today. Fill out our convenient online contact form here to connect with the trusted personal injury lawyers from our legal team to discuss your case.

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