The first thing a homeowner should do when someone gets injured is to get proper medical attention. Then next is to call your insurer and report the incident. Claims for minor injuries may be handled over the phone, while major injuries may call for an insurance adjuster.
The Process of Filing a Claim
When the adjuster starts to handle your claim, you can usually leave the process in their hands. But here are some things about the process that you should expect:
- Gathering information about the accident from both the victim and the homeowner.
- Calling expert witness when needed and obtaining their testimony.
- Gathering evidence from the accident site.
- Getting medical records from the physicians.
- Keeping the case open until the injuries are healed or that they’re permanent or ongoing.
- Settling the claim.
Compensation for the Injured Person
If it proves that you are liable for the injuries of the victim, their insurer may be required to compensate for the following:
- Healthcare expenses
- Pain and suffering
- Lost wages
- Punitive damages (if it is willful negligence)
- Permanent disability
- Wrongful death (if necessary)
If the compensation is greater than your coverage, you will be required to pay the remainder yourself.
The claim may be a simple process of determining the extent and the cause of the victim’s injury, and processing the claim for coverage. However, not everything happens the same way. There may be problems that will arise in the process that can lead to a legal battle. These may include:
- The extent of home insurance coverage.
- Disputes over the extent of injuries.
- Disputes over who is at fault.
- Disputes over the intention (whether it’s accidental or not).
When do you need a Lawyer?
When certain complications arise, and it’s impossible to reach a settlement, both parties are required to hire a lawyer for the protection of their interests. The insurer may provide legal counsel to defend both parties. In some cases, this may mean proving that the victim provided an exaggerated story of the incident for profit. More often though, the insurer’s lawyers are experienced enough to detect deception and may provide defense against it, thereby protecting their client and their company from being taken advantage of.
Accidents can happen at home anytime. It’s best to be prepared for such incidents by getting fully covered by your home insurance and knowing how to file a claim. If the claims process is still confusing to you, our agents here at We Insure Agency are willing to help you. Whether it’s filing a claim, getting insured, or getting a free quote, we are here to assist you with your needs. Don’t hesitate to give us call at (954) 431-9423 or visit us today.