Slip-and-fall accidents can happen anywhere. If you’ve experienced one, you may wonder how insurance handles these claims. Understanding how your insurance or the property owner’s insurance responds can significantly affect the outcome of your case. Several factors determine how insurance companies handle slip and fall claims.
Property owner’s liability insurance
In California, property owners must keep their premises safe for visitors. This includes regular maintenance and addressing hazards like wet floors, uneven pavement, or poor lighting. If a slip and fall happens due to a property owner’s negligence, their liability insurance may cover medical bills, lost wages, and pain and suffering. The insurance company investigates the claim by reviewing evidence such as accident reports, witness statements, and medical records.
Insurance investigation process
After you file a slip and fall claim, the insurance company investigates. This includes determining who is at fault and whether the property owner failed to maintain the area where the fall occurred. In California, the comparative fault rule applies, meaning that even if you share some fault in the accident, you may still recover compensation. However, the insurance may reduce your compensation based on your percentage of fault.
What to expect from your own insurance
If the property owner’s insurance denies your claim or you cannot identify the responsible party, your insurance may cover the costs. Personal injury protection (PIP) or medical payments coverage may help pay for medical bills, regardless of fault. However, PIP is not mandatory in California, so check whether your policy includes this coverage.
What happens if the claim is disputed?
If the insurance company disputes your claim or offers an insufficient settlement, you may need to take legal action. Insurance companies may attempt to reduce their payout to protect profits, so it’s essential to have all necessary documentation. Present evidence such as photographs of the scene, medical records, and witness testimony to support your case.
Slip-and-fall claims can be complex, especially with insurance companies involved. Understanding how insurance handles these claims in California can help you navigate the process effectively.
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