Denied Homeowner Injury Claim: Disputing Insurance Denials

Most homeowners insure their investment with homeowner's insurance. This type of insurance cover protects a homeowner in case something happens to the property, like an earthquake or fire, or if an accident occurs on the property.

If someone is injured on your property, the injured party may sue you or your insurance company, seeking reimbursement for their expenses. However, if you are negligent in the maintenance of your property, your insurance company may refuse to pay the injured party, leaving you responsible for all damages.

Why Homeowners Insurance Would Deny a Claim

Homeowners insurance can protect you from personal liability claims and lawsuits. If an injury occurs on your property, your insurance company will request that you submit an accident claim. Next, your insurance company will review your claim and may request that you provide further information, or the company may send an agent out to your property to inspect what happened.

However, after careful review, the insurance company may deny your claim. Most policies include a clause that states the insurance company can deny your claim if you acted negligently. Examples of negligence include leaving known dangerous equipment around your home or failing to warn guests of a dangerous condition. In addition, if you intentionally caused the injury, your insurance company will deny your claim. If the injured party is a family member, expect your homeowners insurance to deny your claim.

How to Dispute a Denied Claim

If you believe your accident claim should not have been denied, you can appeal the denial with your insurance. Each insurance carrier has a different procedure, but upon receiving your denial, notify your insurance company of your desire to appeal the denial. Your insurance provider will inform you of what procedures are necessary to file an appeal.

After you file the appeal, your insurance carrier will review the accident claim again and notify you if it has changed its position. If your claim remains denied, you can choose to sue your insurance company in court.

Elements to Use to Negotiate a Settlement

Before you negotiate a settlement with your insurance company, speak with an attorney to protect your rights. After you receive notice of why your claim was denied, gather all evidence to refute the insurance company's reasoning. Depending on the nature of your case, threatening litigation may cause the insurance company to begin a discussion with you regarding your claim denial.

Getting Legal Help

If your accident claim has been denied, speak to an experienced insurance attorney as soon as possible. Delaying your appeal of an accident claim denial may affect your ability to recover.

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