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

As soon as Practical, the Insurance Company Must Be Notified of the Accident.

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.

General Information Needed in Accident Notice

Although specific homeowner's insurance policies may have different requirements, the policyholder is typically asked to supply the following:

• The policy's policy number and the name of the policy's owner
• A summary of the accident's circumstances, including its location and time
• The wounded person's name and address
• Any witnesses' names and addresses, and
• A breakdown of the harm and injuries brought on by the accident

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.

Lawsuit Against Homeowner Must Be Report to Insurance Company

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.

Other Conditions

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:

• Completing all of the forms that the insurance provider has provided

Keeping any evidence that is pertinent to the case and obtaining any proof the insurance company requests

• When required to do so by the firm or the court, appearing in court or at a deposition
• Generally taking part in and assisting with court cases and lawsuit settlements as needed

There are some claims that homeowners insurance does not cover

Even though the accident happened on the homeowner's property, remember that some accident claims are not covered. Claim exclusions include:

• Harm resulting from intentional actions, such as sexual abuse
• Damage incurred while performing professional services or engaging in business operations
• Automobile-related harm, and
• The harm done to family members, close friends, and any children under the homeowner's custody