How to Make an Accident Injury Claim Against a Homeowners' Insurance Policy

The homeowner's insurance policies cover property loss and claims against the homeowner for accidents on the property. There are specific standards to follow when filing a claim for personal injury compensation after being injured on someone else's property due to the property owner's carelessness.

Notifying The Insurance Company As Soon As Possible After A Car Accident Is Critical

There are highly rigorous "notice" requirements under the provision of a homeowner's insurance contract providing coverage for third-party accident liability. The homeowner must notify the insurance carrier of the accident "as soon as practicable" under these notification requirements.

In most cases, "as soon as practical" means precisely what it says: the homeowner's first opportunity to notify their insurance carrier of a claim, regardless of the circumstances. The insurance company may be able to deny coverage if the homeowner waits too long.

Insurance companies in some jurisdictions are required to prove that they were "prejudiced" by the late notice before denying coverage, meaning that proper notice would have given them a greater opportunity to investigate and defend the accident claim in court. The failure to comply with the accident notice requirements provides fairgrounds for the claim to be denied independent of other facts in other states — prejudice is not required in these places.

It is important to note that if the homeowner did not notify the insurance company of an accident until a lawsuit was filed, the insurance company could not legally deny the homeowner coverage.

In The Event Of An Accident, The Following Information Is Typically Required

Homeowner's insurance coverage may have different requirements; however, homeowners are generally expected to provide:

• The policyholder's name and address, as well as their policy number
• How the accident occurred, as well as the location and time of the incident
• The victim's name and location
• Any witnesses' names and addresses
• A detailed account of the accident's damage and injuries.

When it comes to notifying the insurance company of an accident, homeowners should examine their policy and/or contact their insurance provider.

Notifying the homeowner's insurance broker if he or she is an authorized representative of the insurance company is typically adequate. However, it's always advisable to check the rules to see who should be notified first. You should record all your efforts to notify the company and send any correspondence via certified mail.

Lawsuits Against Homeowners Must Be Reported To The Homeowner's Insurance Company

It is the homeowner's responsibility to tell the accident's insurance company, even if the homeowner did so promptly.

When filing a lawsuit, the homeowner must contact their insurance carrier and provide all relevant documentation, such as the complaint and any demands for damages.

It is up to the facts and circumstances as to whether or not a notice of suit is timely given, but the homeowner must do it "immediately" or "as soon as practical." Depending on the state, the late warning may or may not have "prejudiced" the insurance firm.

What Else Is Required?

In addition to notifying the insurance provider and submitting relevant paperwork, the homeowner is obligated by the policy to cooperate with them.

Included in this are:

• Completing out the insurance company's forms to the letter
• Evidence relevant to the case and evidence required by the insurance company should be preserved and secured
• The obligation to appear in court or to testify at a deposition if summoned to do so by the corporation or the court
• Participation and arranging claim settlements and court cases as required by the client.

Homeowners' Insurance Doesn't Cover All Claims.

Keep in mind that some accident claims are not covered, even if the incident occurred on the homeowner's property.

The following types of claims are not eligible for reimbursement:

• Purposeful injury, such as that inflicted by sexual abuse
• Injuries sustained when performing work-related tasks for a living.
• Automobile-related harm
• Any injury is done to family members, friends, and children under the homeowner's care.