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When Will Homeowners Insurance Cover a Slip and Fall Claim?

Personal Injury

When an injury is sustained from a slip and fall on the property of a homeowner, the property owner’s homeowner’s insurance may cover at least some of the damages sustained from the injuries.  After sustaining injuries on someone’s property, you or the property owner should report the injury to the homeowner’s insurer as quickly as possible to avoid the claim being denied because you waited too long to file a claim.

The Florida injury lawyers at Searcy Denney have experience working with clients on slip and fall cases as well as dealing with insurance companies.  Our attorneys can help explain the legal process that follows a slip and fall accident. If you have questions about the legal remedies available for the injuries you sustained from falling on someone else’s property, call us today for a free case evaluation with our Florida injury lawyers today.

What is Med Pay Coverage? 

A homeowner’s insurance policy typically has two types of coverages. One is medical payment coverage (also known as “med pay”) and the other is liability coverage.

When an injured party slips and falls on a homeowner’s property, the med pay coverage on the homeowner’s policy typically will pay out for the injured person’s medical bills, regardless of who was at fault.  Common med pay amounts on homeowners policies are $5,000 or $10,000.  

Med pay will usually pay an injured party’s medical bills on an ongoing basis up to the Med Pay coverage limit.  The injured party just submits the medical bills to the adjuster as they receive them, and the adjuster pays the medical bills up to the coverage limit. 

Does There Have to Be Negligence by the Homeowner for Liability Coverage to Kick in?

Typically, for liability coverage to kick in, a homeowner must be negligent in some way and the negligence must have caused the slip and fall accident.  For example, if an injured party experienced a slip and fall accident because of some ice on the homeowner’s sidewalk that was not taken care of properly, the homeowner potentially could be negligent for not adequately clearing the sidewalk.  In this situation, liability coverage may kick in.  In contrast, however, if the injured party fell simply because they did not tie their shoelaces properly, the homeowner would not likely be required to pay for the injured party’s damages under liability coverage because the owner did not actually cause the damages. 

What if a Homeowner Won’t File a Claim with Their Insurance Company?

Some homeowners may file a claim with their insurance company right away to cover the damages a guest sustained from a slip and fall accident on the owner’s property. In other situations, the injured party may need to initiate the claim with insurance.  In either case, if you are injured from a slip and fall you should contact your Florida slip and fall injury lawyer who can advise you as to the steps you should take following the fall.  An experienced injury attorney can help instruct you as to how to document your claim as well as give you an approximation of damages you may be entitled to for your case.  Additionally, Florida injury lawyers can help negotiate with insurance companies on your behalf to ensure you obtain fair compensation for the injuries you sustained. 

What Are Common Types of Residential Slip and Fall Claims? 

There are a variety of different types of slip and fall situations that occur on residential properties.  Some common examples include, but are not limited to slipping or tripping on:

  • Slick floors, sidewalks, or pavement 
  • Stairs
  • Rugs and Carpets

If you had a slip and fall accident on a homeowner’s property and have questions about your legal rights and the legal process, contact the Florida injury lawyers at Searcy Denney today.  Don’t wait.  Personal injury claims are time-sensitive and typically must be filed within a certain amount of time, so it is important to contact your attorney soon after experiencing a slip and fall accident. 

What is the Process for a Slip and Fall Insurance Claim?

The process for working through a slip and fall claim is similar to processing other personal injury claims and auto injury claims.  As soon as a claim is reported to the insurance carrier, the carrier will assign an insurance adjuster to the case.  The adjuster typically will first contact the homeowner to get the homeowner’s report of what happened.  Next, the adjuster will contact the injured party to learn what happened. The adjuster will also typically want to get copies of your medical records and collect any bills for your treatment.  The adjuster may also ask for other damages you may have suffered such as lost earnings.  After the adjuster has collected the necessary information, the adjuster may make an offer to settle the claim.

The processing time for a slip and fall claim filed with an insurance company depends on various factors such as the severity of your slip and fall injuries, how long it takes you to recover, whether continued medical treatment is needed, and whether you are happy with the settlement offer you received from the insurance carrier or whether you desire to file a lawsuit.

Have Questions About Your Slip and Fall Claim? Call the Florida Injury Lawyers at Searcy Denney Today for a Free Consultation

Some homeowners’ policies may cover slip and fall claims.  If you have questions about whether you may be able to file an insurance claim for the slip and fall injuries you sustained on someone else’s property, contact Searcy Denney today. The Florida injury lawyers at Searcy Denney are experienced with slip and fall cases and can help you determine whether a homeowners policy may cover damages you sustained from a slip and fall accident.  Call us toll-free at 800-780-8607 or contact us online to schedule a free initial consultation with one of our Florida injury lawyers. We have offices conveniently located in TampaWest Palm Beach and Tallahassee.

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