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Injuries Which Occur on Your Property May Result in Unforeseen Insurance Claims

This past January, a pilot attempting to land his plane at the Flagler County Airport crashed into a Palm Coast home shortly after radioing in an emergency. The pilot reported mechanical problems just minutes before crashing into a wooded subdivision of the Palm Coast. Photographs of the accident show only the plane’s silver trail visible in the wreckage of the ranch-style home. The homeowner happened to be in a back bedroom and was able to climb out a window before her home erupted in flames. The pilot and two passengers died in the crash. This tragic accident caused extensive damage to the home and there is a strong possibility that the homeowner will have to rely on personal insurance coverage to pay for the repairs to the home.

While it is highly unlikely that most homeowners will ever experience anything remotely close to an airplane crashing into their home, many homeowners will have to file a homeowner’s claim at some point. Homeowner’s claims can be filed for damage to the property, theft, or when a visitor is injured on the property. There are times when an insurance provider will not honor a claim until experienced Miami homeowner’s insurance attorneys like those at Greenberg Stone and Urbano step in to fight for the homeowner’s rights.

The Process for a Miami Homeowner’s Insurance Claim

The plane crash in Palm Coast is very different than typical accidents involving third-parties on a homeowner’s property. Typically, the person injured is an invitee of the homeowner. When an accident occurs on the property of a homeowner, he first will need to obtain a report of the accident from the victim as well as a clear narrative of the injured person’s perception of the accident. The best case scenario in a homeowner’s insurance claim for someone injured on their property is that the claim turns into a relatively simple process of determining the full extent of the victim’s injuries and filing a claim for coverage. Unfortunately, not all injury claims are able to be settled so smoothly.

There may be a dispute regarding who is at fault, a dispute over the true extent of the victim’s injuries, or even an argument regarding whether or not the homeowner actually intended to injure the victim, which likely would exclude coverage. The homeowner’s liability insurance coverage will need to be examined to determine if there is sufficient insurance to cover the injuries. If there is any evidence to be gathered from the site of the accident, it should be properly preserved and medical records should be obtained from the injured party’s physician. Any witnesses to the accident should be identified, complete with names, addresses, and phone numbers; if possible, statements should be recorded. As the case progresses, expert witnesses may become necessary. These experts may provide evidence about accident reconstruction, medical injuries, or financial impact of the accident.

A Miami Homeowner’s Insurance Claim may Pose a Challenge

Should the homeowner be deemed liable for the victim’s accident and subsequent injuries, the insurance company likely will pay compensation for medical expenses, lost wages, disability, punitive damages, wrongful death, and pain and suffering. However, if the award to the victim is greater than the coverage the homeowner has, he or she may be liable for any amount over the coverage amount. When complications arise, both parties generally will enlist the services of a knowledgeable Miami attorney to ensure their interests are fully protected. On the part of the homeowner this may mean proving the “victim” has greatly exaggerated the extent of their injuries.

Legal Help for Homeowners

The attorneys of Greenberg Stone and Urbano have more than three decades of experience helping homeowner’s with insurance claims, particularly when the insurance companies are denying the claim for some reason. Voted among South Florida’s top-rated lawyers by the Miami Herald and recognized by nationwide peer review organizations such as Martindale Hubbell (“AV” rated), SuperLawyers and by Primerus, the attorneys at Greenberg Stone and Urbano will use their experience and knowledge to ensure you are not taken advantage of by your insurance company. Call (888) 499-9700 or (305) 595-2400 today to schedule a free and confidential evaluation of your Miami homeowner’s insurance claim or visit our website for additional information.

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