The fundamental purpose of homeowner’s insurance is to protect policyholders from costs associated with incurring a loss, either due to an accident, theft, or an unforeseen disaster.
Consumers hand over a lot of money to feel secure in the knowledge that if the unexpected happens, they will receive compensation comparable to the value of any items or property that has been lost.
A Chicago Bodily Injury Attorney Can Help
Injuries sustained in the home of a friend or family can be devastating. The Chicago, IL personal injury attorneys at Rosenfeld Injury Lawyers LLC law firm can help you get the compensation you are entitled to receive under Illinois law.
Insurance companies are infamous for devising tactics to reduce their liability if policyholders attempt to file claims. However, some of these dubious and illegal tactics violate the agreements they have made with their customers when underwriting the policies.
Each Chicago homeowners insurance personal injury claims lawyer at our firm has years of experience and has helped people from all parts of Illinois when a dangerous condition or negligent conduct results in an injury.
Many of our homeowner insurance claims involve serious injuries that include:
- Stairway accidents
- Slip and fall accidents on snow or ice
- Carbon monoxide poisoning
- Personal property damages
- Insurance company ‘bad faith’ denials on renter’s insurance claims
- Dog bites
- Premises liability
If you were injured in another person’s residence, we invite you to speak to an attorney at our law firm about your legal rights in resolving a Chicago, Illinois insurance claim.
As with all our personal injury cases, we work on a contingency fee basis where there is only a legal fee charged when there is a financial recovery.
In addition to filing an insurance claim, our Chicago, IL attorneys will review the evidence and identify any third party that may also be responsible for providing compensation.
Common Answers about Homeowner’s Insurance Personal Injury Claims FAQs
Does Homeowner’s Insurance Cover Pain-And-Suffering?
Homeowner insurance policies give medical coverage to pay for any injured victim’s medical expenses up to the policy limit which is generally under $5000. However, the liability portion of the coverage does not include payment for pain and suffering.
Secondly, the policy provides limited liability coverage usually topping out at about $100,000. This coverage protects homeowners and renters from civil lawsuits filed by injured victims who do not live in the household.
Typically, the insurer will not pay insurance claims without proof of homeowner negligence.
Can a Handyman Sue Me for an Injury?
A licensed and unlicensed handyman could file a civil lawsuit if they were injured on your property while working. However, the victim will need to show that your negligence contributed to or caused the accident.
Every homeowner opening their premises to workers, visitors, and guests must ensure there are no hazardous areas on the property and clear obstacles from pathways and walkways. The homeowner must warn everyone on the premises about known risks.
The homeowner must ensure that all pets are secured on a leash, in a dog run, or inside the residence when workers are present.
What Happens When You File a Claim with Your Homeowner’s Insurance?
According to the Consumer Finance Protection Bureau (CFPB), the insurance company will begin working on the claim once it has received it and hire a claims adjuster to evaluate the damage.
The claims adjuster will investigate your case and offer a non-negotiated settlement for repairs or reimbursement to resolve your claim.
Homeowner’s insurance is much like car insurance and provides coverage for damages and bodily injury. The insurance company will evaluate:
- The extent of damage to the premises and bodily injuries
- How long it takes to complete an investigation
- The claimant agreeing to the insurance company’s non-negotiated compensation offer
- Whether negotiations will need to occur to find an acceptable resolution
- Whether a personal injury attorney is involved
- Any state law claim processing timelines the insurer must follow
What Is the Difference between Bonded and Insured?
If you hired a licensed contractor to work on your home, they are likely bonded and insured. All licensed contractors must maintain general liability insurance. However, bond insurance provides a higher level of coverage if their work is incomplete or shoddy.
The contractor likely carries a surety bond that serves as an agreement between the insurer, the customer, and the contractor. A claimant (homeowner or business owner) will receive payment from the insurer if the contractor fails to meet all contractual obligations owed to the homeowner.
What Happens If a Roofer Falls Off My Roof?
Depending on the circumstances of the case, you may be at risk of facing a civil lawsuit. Likely, the contractor had general liability insurance coverage for every worker.
However, the contractor must follow OSHA (Occupational Safety and Health Administration) rules and regulations to provide a safe working environment for all employees.
OSHA rules dictate that if the owner did not participate in the decision-making of how the construction job would unfold, they could not be held legally liable for any worker’s injuries.
Damages Covered by Homeowner’s Insurance Policies
Consumers are increasingly aware of the small print that insurance companies include in their policies. However, some still allow themselves to be duped or bullied by their insurers when it comes time to file a claim.
The damages covered by many typical homeowner’s insurance policies at an amount up to liability coverage policy limits include:
- Damage to the premises resulting from a break-in or robbery, including the cost of any items stolen during the theft.
- Property damage caused by vandalism (intentional act) or negligent actions of a third party
- The cost of repairs following storms, floods, or other natural disasters such as hail, water, fire, wind, and electrical accidents.
- The destruction that was caused due to accidents, such as a fire that started accidentally, regardless of whether the fire was the result of individual negligence
- Dog attacks at the home, park, or other public areas
- Environmental disasters such as toxic material spills or devaluation of the premises due to excessive pollution
- Bodily injury of the homeowner, family members, tenants, visitors, and guests
- A wrongful death accident claim and the insurance coverage limits
Attempts at Intimidation: Attempts by Insurance Carriers to Bully Legitimate Claims From Getting Pursued
Chicago insurance companies often deny or delay payment of claims to intimidate, bully, or deter a claimant from submitting or considering submitting a claim.
Chicago insurance companies are often in violation of their agreements with policyholders, and any refusal of payment might be against the law and considered operating under bad faith.
If you experience any of the following forms of intimidation, speak with a Chicago, IL attorney right away who is experienced in injury cases and homeowner’s insurance laws. Your lawyer can provide immediate legal advice and deal directly with the insurance company on your behalf.
Types of insurance carrier intimidation and bad faith tactics might include:
- The carrier’s threat to cancel your insurance policy or refuse renewal in the future if you file a claim
- Claiming that you seek compensation that is not covered for specific damages or that they consider the damages are excluded from your coverage. Insurance companies love to change the rules after they’ve provided coverage in an umbrella policy. The right attorney can help you stand your ground when they attempt to redefine what is covered and not.
- Claiming that your homeowner’s insurance policy is void because you omitted information or provided false information when applying for coverage. Insurance companies often try to find loopholes that they can use to escape payment of claims. These companies often use tactics such as smokescreens designed to make the claimant change their minds about filing a claim.
- Denying your insurance claim while accusing you of hiding evidence or concealing material facts
- Denying their policyholder’s claim if those at fault are uninsured or underinsured, asserting that the policy does not extend coverage beyond the homeowner’s property, including in other driver’s insurance policies, the homeowner’s auto insurance, or another type of coverage.
- Claiming that you must first submit to an Examination Under Oath for your homeowner’s insurance policy claim to be processed. This proceeding is designed to gather the information that can later be used against you, and you should never allow yourself to be subjected to questioning or examination without the presence of your legal representation.
Every injured person has the legal right to seek compensation from any individual or entity that has caused them harm or negligence through bad faith. The victim could seek compensation to recover their medical bills, hospitalization costs, lost wages, pain, and suffering.
Everything that you say or do when attempting to file insurance claims will be monitored and scrutinized later in court. So, it is always advisable to limit your communication with any insurance company and claims adjuster until you have obtained legal representation in Chicago, Illinois.
Homeowners Insurance and Bodily Injury Claims FAQs
Our Chicago, IL injury attorneys know you have many unanswered legal questions about resolving a dispute or obtaining financial compensation from an insurance company. Our law firm has answered some of those questions below.
Contact us today at (888) 424-5757 (toll-free phone call) to schedule a free consultation to discuss your case. We are here to help.
Does My Homeowner’s Insurance Cover My Injury?
No. If someone has been injured and requires medical care, homeowners’ standard home insurance policy does not provide medical coverage. The insurance coverage in your policy will typically include the cost of medical treatment to others.
You might also carry specific personal liability coverage that would provide you with medical care if you were injured on your property or the property of others.
What Does Bodily Injury Mean to an Insurance Company?
Injury coverage claims would pay for another individual’s injury if you were responsible for the crash and injuries. Personal insurance covers the victim’s medical expenses, hospitalization costs, time away from work, future lost earnings, pain-and-suffering.
Injured parties can file insurance claims against any company, individual, or third-party responsible for causing the harm. The party’s insurance carrier can dispute the claim, settle the claim, or take the case to court.
What Happens if Someone Sues Your Homeowner’s Insurance?
If another person or entity filed a civil lawsuit against you, claiming damage or injury on your property, your insurance coverage would hire an attorney to handle your defense.
Your insurance coverage has an upper limit that might be $10,000, $20,000, $50,000, $200,000 or more. Your insurance carrier would offer compensation up to that amount for all persons injured on your premises.
What is Not Protected by Most Homeowners Insurance?
The insurance policy likely does not cover many things caused by negligence or failure to maintain the property. The coverage likely does not extend to damage caused by rodents, birds, insects, termites, mold, rot, rust, and wear and tear.
Will Homeowner’s Insurance Cover a Lawsuit?
Part of your homeowner’s insurance policy might provide you with a legal defense and might pay compensation for any injured party that has medical damages and repairs.
What is the Difference Between Bodily Injury and Personal Injury?
Bodily injury insurance coverage provides compensation for any expense for individuals not responsible for an accident but suffering injuries from the event. Alternatively, PIP (Personal Injury Protection) extends traditional auto accident insurance coverage and provides economic damage compensation.
Chicago Homeowner’s Insurance Personal Injury Claim Lawyer: Free Consultation
Rosenfeld Injury Lawyers LLC has experience working with Chicago insurance companies and is aware of the bad faith tactics and trickery that they will use to weasel their way out of paying your claim.
Contact us today to schedule a free consultation to receive legal advice, learn more about your rights, and discuss what we can do for you in and out of court.
Our Chicago, IL law firm will get paid once we have successfully won your case or negotiated a fair settlement in your best interests. If our lawyers cannot secure compensation on your behalf, you will not owe us a thing.
Contact our experienced Illinois personal injury lawyers today at (888) 424-5757 (toll-free phone call) or through the contact form to schedule a free consultation.
Our Chicago, Illinois injury attorneys currently represent clients in numerous practice areas, including car accident injuries, medical malpractice, nursing home abuse, harmful drugs, product liability, and wrongful death.
Resources:  CFPB