by castleberrymd » Tue Jun 16, 2009 05:36 am
Hi My husband was helping a neighbor fall some trees that were damaged in a storm we had. Some freak thing happened and the tree fell the wrong way and crushed his ankle. Amazing nothing broke. But the bruising is severe and it infected as well. Now he needs to be off work 3 weeks at least. Can we file a claim on the property insurance and how will it affect our neighbor, we don't want to seem greedy or mean but we have a child to support and he can't work. It's really important that I also know the effects a claim has on them we don't want a war with neighbors. If it's like a car accident claim and your premium rises just a little or is it more?
Michel
Michel
Posted: Tue Jun 16, 2009 03:55 pm Post Subject: Can we claim on neighbor and affects them how?
Hello,
I'm not an insurance professional or attorney. To my knowledge, if you were injured on your neighbor's property, then a claim could be filed. Any claim, or even an inquiry, has the potential to influence their premium. In addition, your own health insurer may hone in on information regarding the location and nature of the accident if you provided it during medical treatment and attempt to subrogate for reimbursement of your medical bills from the neighbor's homeowner's insurance. If your husband is going to make a disability claim through an employer policy, that policy would also subrogate the neighbor's policy. All this being said, the claim against their policy would have to be validated by their insurer. Human nature would determine your neighbor's reaction to a claim but best of luck for continued good relations with them.
Posted: Wed Jun 17, 2009 05:00 am Post Subject:
Castleberrymd,
You may file a claim against your neighbor's policy. All standard homeowners insurance would have the liability coverage which would compensate the claimant if he gets injured in the insured's property. Just talk to you neighbor and let them know your intention.
Anyway, how bad is your husband's injury? Is he seeking medical help? 3 weeks of missing work sounds pretty grave.
Posted: Wed Jun 17, 2009 10:27 pm Post Subject:
I would say that you need to first seek medical attention and ensure that they will really give you documentation stating that he is not allowed to return to work. As a medical professional, I can't imagine an ankle injury that would be bruised and infected and require that you stay off it for three weeks or more.
If you had X-Rays done and it showed no damage, then it should be able to bear weight on it fairly quickly. If he is not able to do so, then you may want to go back to the doctor and have an MRI or CT done.
The accident did occur on your neighbor's property, and the insurance company will cover medical expenses and possibly loss of wages. However, you will have to obtain a medical excuse from a physician...it can't just be that he doesn't feel able to work. They will want documentation.
It's hard to say how it will affect the neighbor. Their premium may go up a lot, or the insurance company could even drop them as clients. It all depends on their history and relationship with the insurance company.
I will echo everyone else. Before you do anything, talk to the neighbor and explain your situation to him. It may be that he would rather pay some expenses out of pocket. The last thing you need to do is get into a lengthy legal battle with a neighbor!
Posted: Wed Jun 17, 2009 10:58 pm Post Subject:
Liability against your neighbor would be one thing. Most HO polices will also have limited Medical Payments coverage. This can be extended, regardless of liability, for accidents that happen on the insured's property or (I think) for the insured's actions (as a result of the insured's actions is on the commercial general liability policy but I think it probably says the same thing on the HO policy).
Usually MP claims don't affect rates.
Posted: Wed Jun 17, 2009 11:18 pm Post Subject:
even an inquiry, has the potential to influence their premium.
Not in any state I've ever heard of... This would most certainly slap the fair claims practice laws right in the mouth.. :wink:As Tcope pointed out Medpay claims (auto or HO) rarely if ever cause a rate up...check with your own carrier and see...just for curiousity.. in my state you're also allowed to 'double dip' re: medpay...again without any premium penality...
It doesn't sound like (from your discription) that personal liability is likely to come into play anyway...Unless the neighbor actually did something negligent causing your husbands injury...so medpay (in that case barring negligence) would be all your husband would be entitled to anyway.
Posted: Thu Jun 18, 2009 02:28 am Post Subject: Inquiries and Insurers
:) Just an additional note on my previous statement that an inquiry made of your insurer can influence your premium:
Let's say you call your insurer to ask about feasability of a claim for damage but decide not to file the claim and fix the damage using your own resources. Your insurer may have entered this information onto the CLUE report as an "unpaid claim." A CLUE reports is like a credit report of your insurance activity (home, vehicle, worker's comp., etc....). So, if you asked about home damage, the inquiry can serve as an insight to your insurer. They may review the CLUE at renewal time as would other insurers that you premium shop with. I would encourage people to monitor their CLUE reports just as they monitor their credit reports. Incorrect information can exist on your CLUE report, as well, and there is a process by which any incorrect information can be appealed and corrected (again, much like your credit report). Hope everyone will get a copy of there CLUE report to check and monitor their insurance health.
Posted: Thu Jun 18, 2009 06:06 am Post Subject:
Hi Sunshine,
Your insurer may have entered this information onto the CLUE report as an "unpaid claim."
Yeah, some insurers do so. But I've always thought that unpaid claims should stay away from CLUE. What do you feel?
Posted: Thu Jun 18, 2009 11:30 am Post Subject:
Let's say you call your insurer to ask about feasability of a claim for damage but decide not to file the claim and fix the damage using your own resources. Your insurer may have entered this information onto the CLUE report as an "unpaid claim."
If you have actually filed a claim, and then chose to have the claim closed, then there will be a claim that was closed without payment (cwp)...That 'could' show up on a clue, nicb, or iso, and others...however that is after the claim has been filed with the claims dept of a carrier...NOT an inquiry say with an agent... and you can't get to an adjuster on a 'what if' or 'maybe' claims question..the claim HAS to be filed..(unless you post it here of course :wink: )... or some times an agent will call the claims dept. and ask an adjuster ... but this info doesn't land on the reporting sites, unless a claim has actually been filed...Also many states (mine included) spell out in the fair claims practice laws, that non-at-fault loss cannot generate rate ups, nor can claims that were closed without payment...my point is that simply asking a question without filing a claim can not generate a rate up...I would encourage people to monitor their CLUE reports just as they monitor their credit reports
The problem is though, the CLUE isn't the only place that claims show up...this may be the only place (i really don't know) that a new company checks for prior claims when setting the rates for a new client...I certainly agree that CLUE reports can be wrong, and have seen it many times, and assisted (usually former) insured's with getting them corrected, which is a giant pain for the person involved...But I've always thought that unpaid claims should stay away from CLUE. What do you feel?
I disagree Kelvin, an unpaid claim or claim closed without payment could be due to the insured's deductible..if you have a 2k deductible and the damage was less than that the claim would be closed without payment...doesn't make the claim or damage any less valid.Posted: Thu Jun 18, 2009 01:23 pm Post Subject:
Hi Sunshineva,
Incorrect information can exist on your CLUE report, as well, and there is a process by which any incorrect information can be appealed and corrected (again, much like your credit report).
Would you give us a hint as to how we should go about this process?
Steven
Posted: Fri Jun 19, 2009 03:23 am Post Subject: Correcting CLUE report
Hi Steven,
Get a copy of your C.L.U.E. Report by calling 1-866-312-8076 or going to www.choicepoint.com.
I'll give you 2 examples of corrections I've personally made and how. Getting auto quotes, thought too high, was told about husband being driver in at-fault accident. Info. incorrectly reported by the insurer -- they listed the owner (my husband) as the driver. Second instance was a home insurance issue: Called around for quotes on my primary residence and agent starts talking about a claim I had. The claim was on a non-owner occupied property, not my personal residence. In both instances, the insurer had incorrectly reported the information. I filed an appeal online at the choicepoint.com website. They contacted both insurers, who then had to correct the missreported information. After corrections were made, I was sent the corrected copy of my complete CLUE report. A pointer is to get both your and your spouse's CLUE report for comparison. Hope this helps everyone.
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