A homeowners insurance policy is often used to cover first party losses. Damages that occur on your property that only involve you or acts of nature. If some yelled causes damage to your property is likely that there will be a third party claim against their homeowners insurance. These situations can get tricky however and if liability cannot be proven, you might have to take the money for the repair of your own insurance policy.
Determination of liability:
Liability often occurs when one party is negligent and the claim can be filed against the negligent parties insurance based on the way that the damage was caused. If your neighbor was taking down a tree next door and the tree falls on your roof, your neighbor will likely be held liable for these damages. If the branch on your neighbor’s tree fell on your home in a storm, the claim will have to be filed on your own insurance.
Third-party loss or injury claims are always filed against the negligent party and it’s usually best to get your neighbors insurance information or ask them to disclose insurance information. If your neighbor does not agree, you might need to proceed with a lawsuit in order to get the compensation you need for your property.
Third party losses:
if you damage to property due to your own negligence you might need to turn to your insurer to demand a defense and coverage under your insurance policy. If there’s any question that you were not legally responsible for the claim, your insurer will provide you with an attorney to defend against your claim. Make sure that you are covered under your policy in the event of a third party claim and check into the liability section of your insurance policy.
Contact us today if you been involved in a damage claim or a claim against homeowners insurance. We can assist you in your case now.
This post was written by Kelly-Ann Jenkins of Jenkins Law P.L. Kelly-Anne is a property damage attorney. She focuses on insurance claims and property damage. The information on this site is not intended to and does not offer legal advice, legal recommendations or legal representation on any matter. Hiring an attorney is an important decision, which should not be based on advertising. You need to consult an attorney for legal advice regarding your individual situation.
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