Thursday, July 11, 2013
Only the homeowner can file a claim with their homeowner’s insurance policy. There are, however, several options available for victims who are injured.
Who Can File a Homeowner’s Insurance Claim for an Accident on the Premises? Only the homeowner can file a homeowner’s insurance claim when a person is injured or hurt on the property [anchor text for link to article titled: Homeowner’s Insurance Claim for Slip and Fall Accidents]. Victims cannot file a claim against another person’s insurance on their own, even if the homeowner is negligent and liable for their injuries. This leaves them with a few options. They can: • Contact an attorney and file a lawsuit against the homeowner. The homeowner’s insurance would then defend them and attempt to offer a settlement to the victim. • Send a certified letter to the homeowners, notifying them of the injuries, the intent to file and requesting they file a claim with their insurance carrier. In many cases, this will encourage the homeowner to file the claim and settle the case without legal interference. • Notify their own insurance policy, and see if this will cover any of the damages suffered. It’s important to note that victims cannot receive compensation from a homeowner’s insurance policy if the injury or accident resulted from their own carelessness or recklessness. If the injury was not the result of the homeowner’s negligence, then they – and their insurance – cannot be held liable for the damages suffered. Typically, in order to be able to seek compensation from a homeowner’s insurance policy, the following must apply: • the victim had a legitimate reason for being in the area where the accident occurred; • there were no warnings or signs that the hazard that caused the accident was present; • the victim wasn’t distracted when the accident occurred; and • an average person wouldn’t have noticed the hazard or would have suffered the same fate at the victim. To ensure they’re following the right process, victims should contact a qualified attorney when they’ve been injured in an accident on another person’s property. Victims in the Dublin, Ohio area should call (877) 538-1116 to speak to a lawyer at Bressman Law today to get started.