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If you are hurt or sustained property damage after an accident on your property caused by someone else, it is important to understand how these types of claims are handled by the insurance company and how to recover compensation. Our firm explains what happens if someone damages your home or parked vehicle and what you should do in case anyone is injured while on your private property.
Which Insurance Policy Covers Damages Caused by a Car Hitting My Home?
You may have heard of a recent case in which a driver who was believed to be impaired crashed into a Phoenix home and fatally injured a senior citizen. The driver lost control of his SUV, drove through a window, and ended up in a downstairs bedroom where the grandfather was sleeping. The driver was arrested and charged with manslaughter. Unfortunately, cases like this are all too common and can result in significant losses and even fatalities.
If you were faced with a similar situation in which someone else’s car hits your home and causes significant damage, your homeowner’s insurance would be the first possible source of compensation. While you may have to pay a deductible, your homeowner’s insurance would be the fastest way to get compensated and have the funds to make repairs to your home. If the compensation provided by the insurance is not enough to cover all damages, you may also have the option of initiating a lawsuit against the driver of the vehicle that damaged your house. It is always best to consult an auto accident attorney in Scottsdale to learn the best course of action for your case.
What Happens if Someone Hits a Parked Car on My Driveway?
On the other hand, if your car is parked on a driveway on your property and another vehicle collides with it, you may have a few different options. If someone hit your vehicle and drove away without giving you any information, you may be able to file a claim with your own auto insurance company. If you have the information about who caused the accident, you may be able to file a claim through their auto insurance policy.
However, things can get a little complicated if the vehicle that damaged your car has also damaged your home. For example, if the other vehicle slammed into your garage, destroyed the garage door, and smashed the rear of your vehicle that was in the garage, you may be dealing with two different insurance claims. The damage to your vehicle may be covered by an auto insurance claim, while the damage to your garage door and home may be covered by your homeowner’s insurance. Again, if neither of these is sufficient to cover all your losses, you may want to talk to an attorney about the possibility of initiating a lawsuit against the at-fault driver to recover compensation.
What if Someone Gets Hurt While on My Property?
Another accident that can happen on private property is when a visitor, a guest, or any person you allow on your property gets injured because of an obstacle or a dangerous situation, such as uneven sidewalks or slippery floors. This is called a premises liability claim. In general, the property owner is responsible for the safety of all guests. If someone gets hurt while on your property because, for example, they slipped and fell on your kitchen floor because there was a wet spot, you may be responsible for their injuries and damages as it may be understood that it was your responsibility to keep a safe environment for all visitors.
Fortunately, your homeowner’s insurance may provide coverage for premises liability accidents. You may only have to pay a deductible, but your insurance policy would likely cover the damages sustained by your visitor. However, it is worth mentioning that a premises liability claim only includes individuals who were lawfully present on your property. That means anyone who is trespassing or entering your property without your knowledge or consent and becomes injured in the process may not have a claim against you to recover any damages.
Who Is Liable for an Accident That Happens at a Place of Business?
Accidents can happen at a place of business, such as a store, an office, or a shopping mall, for example. That is true for slip-and-fall accidents as well as parking lot accidents involving motor vehicles. If, for example, you were injured in an elevator accident at the mall, the individual or business entity that owns and maintains the mall would likely be responsible for your accident, and you may be able to file a claim through their business insurance company for any damages you may have incurred.
In contrast, suppose you parked your car in a parking lot by the mall. Someone backed their car into yours, causing extensive damage to your vehicle’s rear bumper. In this case, even though the accident took place on private property, you would still be filing an insurance claim with the owner of the vehicle that caused the damages. If the person who damaged your car left without identifying themselves, you may need to file a claim with your own auto insurance company.
If you were impacted by an accident on your property or someone else’s property, it is important to understand what your options are to recover compensation. However, this task may not always be a simple one, and insurance companies may not always be willing to promptly settle your claim for a fair amount of money. This is where the legal team at the Wilson Ortiz Law Firm comes in. The Wilson Ortiz Law Firm represents clients all across the Scottsdale area, and we can help you navigate your case. Contact us at 623-294-1442 to learn more.
