There are highly rigorous "notice" requirements in the homeowner's
insurance policy clause that provides coverage for accident responsibility
to others. These notification guidelines require the homeowner to inform
the insurance provider of the accident "as soon as practical."
Depending on the situation, "as soon as practicable" can indicate
different things, but generally, it refers to the homeowner's initial
opportunity to contact their insurance provider. The insurer might be
able to refuse coverage if the homeowner waits too long.
Before denying coverage, the insurance company must demonstrate in some
states that it was "prejudiced" by the late notice, i.e., that
adequate notice would have given it a greater opportunity to look into
and refute the accident claim in court. Other states do not need prejudice;
if the accident notice requirements are not met, the claim should be denied
independent of any other circumstances.
It should be noted that failure to file a notice of an accident cannot
legally result in a rejection of coverage in any state if the homeowner
could not have reasonably known about the accident prior to filing a lawsuit.
Although specific homeowner's insurance policies may have different
requirements, the policyholder is typically asked to supply the following:
The homeowner should review the policy and/or get in touch with the insurance
provider to determine precisely what is needed to fulfill the notice of
accident requirements.
Giving notice to the homeowner's insurance broker is typically adequate
if they are an authorized insurance provider agent. To be safe, it is
important to refer to the policy when deciding who should be informed.
Keep track of your attempts to notify the company, and send any letters
using certified mail.
Even if the homeowner gave the insurance company the right information
about the accident, they still need to be alerted if the injured party
decides to take them to court.
The homeowner is normally expected to provide the insurance company with
all relevant paperwork, including the complaint and requests for damages,
in addition to notifying them of the litigation.
The homeowner is expected to make the notice of suit "immediately"
or "as soon as practical," but much like with the notification
of the accident, whether it is late depends on the facts and circumstances.
State laws also differ regarding whether the insurance company must have
been "prejudiced" by the late notice.
The homeowner is strictly required by the policy to comply with the insurance
company, including giving notice and supplying documents relating to the
lawsuit. Typically, this comprises:
Keeping any evidence that is pertinent to the case and obtaining any proof
the insurance company requests
Even though the accident happened on the homeowner's property, remember
that some accident claims are not covered. Claim exclusions include:
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