What Do I Do If the At-Fault Party Lacks Coverage?
When you or someone close to you is injured, times can be tough and stressful. Between medical appointments, medical bills, and changes in daily routine, it can be a lot to handle. In some cases, the at-fault party causing said injury lacks insurance coverage, which can stop injured parties from obtaining compensation for such claims. However, even when there seems to be no remedy for the lack of insurance coverage, it is possible to recover damages from the at-fault party’s homeowners or renters insurance. Here at Charles E. Boyk Law Offices, we work tirelessly to find a solution for all our clients. Our injury attorneys are here to remove the stress from dealing with insurance companies, so you can focus on your recovery.
What Is Liability Coverage?
People often assume that liability coverage is solely for property damage to a house or apartment, or to personal property; these policies can extend much further than that. Such policies can be applied when someone is injured because of the policyholder’s negligence, dog bite cases, and in premises liability claims.
What Types of Cases Fall Under a Homeowners or Renters Insurance Policy?
Homeowner and renters insurance liability coverage can apply to certain types of injury claims, but it does not apply to every situation.
Premises liability claims are covered.
- Premises liability is a legal concept that holds property owners responsible for injuries on their property that arise from unsafe conditions or negligence.
- Such claims could be a guest in someone’s home slipping on a walkway or a fall from defective stairs.
Dog bites or animal injuries can fall within an insured person’s policy.
- Specific language in the policy must be reviewed, as certain dog breeds or types of animals may be excluded from coverage.
Homeowners and renters insurance liability policies usually do not cover injuries such as:
Motor vehicle accident coverage is usually not included in such policies.
- In such cases, the injured party should investigate their own auto insurance policy to see if they have underinsured motorist coverage or uninsured motorist coverage.
Any injuries that are a result of assault or intentional harm.
- If the insured party punches someone in the face on their property, that injury will not be covered.
Workers’ compensation claims.
High-Risk Activities
- Activities such as accidents with pools, trampolines, or ATVs could be excluded from policies.
- While these high-risk activities can be excluded, that is not always the case. Our firm helped a client obtain a policy-limit settlement in a case where a grandfather was watching his grandson in the pool. The grandfather walked away, and the grandson ended up drowning in the pool because of the grandfather’s negligence.
It is important to note that each policy can differ, and to ask for a copy of the policy to review its specific terms and exclusions, as there may be an umbrella policy or other coverage available.
What Is an Umbrella Policy?
An umbrella insurance policy may offer additional protection when your auto, homeowners, and boat insurance policies have been exhausted. Umbrella policies often cover claims such as injuries to others, damage to other people’s property, and personal liability situations. Umbrella insurance policies are often for individuals with significant assets, a high risk of being sued, or who simply want extra protection beyond their auto or homeowner policies. Such policies are not simply extra coverage; they can cover a broad range of claims and apply to multiple policies.
Not everything is covered under such a policy, and it is important to note that policies are not all the same and may include or exclude some of these claims. Often, claims for the policyholder’s own injuries on their property are excluded from coverage. Criminal or intentional acts causing harm to someone else are excluded. Also, liability assumed under a contract is excluded from an umbrella policy.
What Should I Do If I Am Injured and the Other Person Says They Do Not Have Insurance?
If you are injured and the at-fault party claims they do not have coverage to cover your injuries, do not assume that they do not have coverage.
- Ask if they have homeowners, renters, umbrella, business, or any other liability policy that could possibly be an avenue you could pursue.
- Preserve all photos, videos, and information relating to the accident. Any evidence can be used to prove facts of the subject case, and preserving as much of it as possible is extremely important.
- Contact an attorney immediately and refrain from giving a recorded statement to any insurance company.
At Charles E. Boyk Law Offices, we have a skilled intake consultation team that provides free case consultations to help you achieve the justice and financial recovery you need. If our law offices are unable to provide legal services, we can refer you to an office that may be able to provide the assistance you need.
What Damages Could Be Recovered?
The liability coverage on a person’s homeowners or renters insurance policy will traditionally cover much of the victim’s losses associated with the injury:
- Medical bills
- Lost income
- Pain and suffering damages
- General out-of-pocket expenses
The insurance will pay for the damages above, up to the limits set forth in the policy. For example, if a homeowner’s policy has $300,000 in liability coverage, the injury victim could recover up to $300,000. In most cases, insurance claims are settled for less than or at the policy limit amount.
Why Should I Get Homeowners or Renters Coverage?
People cannot foresee when another person is injured by their pet, a defective home feature, or any other applicable scenario. Medical care and legal fees can add up quickly. A minor slip-and-fall can be a big financial blow, and such coverage can help soften it.
It is important to know what is in your policy and what it excludes to protect yourself in a lawsuit. One of the benefits of having a policy is automatic legal defense counsel in the event the policyholder is sued for an injury claim. The insurance carrier will appoint or pay for a personal injury attorney to handle any lawsuit that arises from an injury accident on that person’s property if the policyholder has broader defense coverage. Broader defense coverage is a requirement in an insurance policy that obligates the insurer to hire and pay an attorney for the policyholder’s legal representation if the policyholder is sued over an incident covered by the policy.
Homeowners or renters insurance can cover defamation, unlawful entry, malicious prosecution, and similar claims. Such an add-on is called a personal injury endorsement. The term may be confusing, but such an endorsement relates to non-physical damages. A personal injury endorsement expands a policyholder’s protection to cover non-physical damages like emotional trauma, reputation harm, and privacy invasion. Personal injury endorsements do not cover professional or business-related claims. It does not cover intentional or illegal actions, or actions committed before the purchase of the endorsement.
What experience does Charles Boyk Law Offices have in finding coverage through homeowners or renters insurance?
Many applicable cases can be settled through homeowners’ or renters insurance in the event of injuries. Our firm has decades of experience handling a variety of injury cases. Such accidents are devastating; our expert attorneys understand what you are going through. Our duty is to explore all potential legal channels and exhaust all options in pursuing your claim.
Cases of Mishandling a Firearm
In our experience, firearm cases often include making claims against the homeowners, renters, or commercial insurance carriers that insure the property where the shooting occurred.
For instance, our offices represented a client who was the victim of a firearm misfire in his own home. Our client was in his apartment when his neighbor decided to unload and clear the chamber of his 9mm handgun, and the weapon discharged. As a result, the bullet traveled through the wall and struck our client, causing serious injuries. The attorney on the case, Charles Boyk, discovered that there was renters’ insurance that would cover the accidental shooting incident.
In a separate incident, our offices represented a client and her child in a case similar to the case above. Our client and her child visited a family member, but the visit took a turn for the worse. Our client was sitting on the couch with her child at her feet when a loud explosion occurred, and debris flew. Our client looked down and saw that she had been shot in her foot. After investigation, it was discovered that a next-door neighbor negligently discharged a firearm, causing injuries to our client. After filing a lawsuit, our team secured a settlement for our client with the shooter’s homeowners’ insurance.
On another occasion, our law offices represented a client whose niece accidentally dropped the firearm while hunting on our client’s leg. It was his niece’s first day hunting, and accidents happen. Our client was subjected to two surgeries, missed six months of work, and has a permanent limp due to the accident. Through extensive negotiations, our skilled attorneys secured a policy-limit settlement under our client’s niece’s homeowners’ insurance policy.
Dog Bite Cases
Our firm represented a client who was walking with her emotional support dog down the road in her neighborhood. As they were walking past a house, a large Mastiff breed dog escaped from the property and attacked our client. Sadly, our client experienced large puncture wounds, emotional distress, and due to injuries her dog sustained, she had to euthanize her service dog. Our office was able to seek compensation for the traumatic event from the defendant’s homeowners’ insurance, resulting in a $100,000 settlement.
In a different case, our minor client was playing with her friend when her friend’s Australian Shepherd mix lunged at our client and bit her on her chest. She was diagnosed with a significant laceration that required numerous sutures to close. Our office was able to seek compensation for our client through the defendant’s parents’ homeowners’ insurance, reaching a settlement of $300,000, which was the policy’s limit.
On another occasion, our office secured a settlement totaling $111,000 for our clients. In this situation, our client and his dog were at a dog park when another dog attacked our client’s dog. To break up the two dogs, our client stepped in, and the defendant’s dog bit our client, causing injury to his left middle finger, which required reconstruction surgery. In that case, the defendant’s homeowners/renters insurance provided coverage even though the incident occurred outside of the defendant’s home.
Cases of Horseplay
In a case where our minor client was with two friends playing at the defendant’s house, while our client was playing with a virtual reality headset, his friend, the defendant, grabbed a cardboard box that our client had received from his new gaming console and began breaking it. Our client stopped playing with the virtual reality headset, noticed the box was broken, and playfully struck his friend in the stomach with it. Unbeknownst to our client, his friend held a hunting knife. When our client struck his friend, the blade struck our client, causing a large laceration. Our office was able to find compensation through the friend’s parents’ homeowners’ insurance, settling for $131,000.
In another case, our office was able to provide our clients with a settlement of $300,000 from the defendant’s homeowners’ insurance because of an incident where our client and his friends were playing with a BB gun inside the defendant’s house. The play with the gun got out of control, and the gun was fired at our client, causing our client to become blind in one eye.
Our Role in Finding Compensation in a Variety of Case Types
Our office has seen a bit of everything and works incredibly hard to find compensation in every case we take on. Whether your case relates to mishandling a firearm or a dog bite, our skilled personal injury attorneys have years of experience helping clients just like you.
If you or a loved one is a victim of someone else’s negligence, you need a skilled personal injury attorney to navigate your case and secure the compensation you deserve. Here at Charles E. Boyk Law Offices, our experienced attorneys are dedicated to helping you through these difficult times because we have stood in your shoes and know how difficult this process is for people. As one of the top-rated personal injury firms in Ohio, we understand the complexities of injury claims and will work tirelessly to ensure that you receive the compensation and justice to which you are entitled.
Reach out to us today for a free case evaluation and discover how we can assist you in getting the justice and financial recovery you need. If we are unable to take your case, we will refer you to someone who may be able to help. Let us put our experience, connections, and expertise to work for you, supporting you every step of the way.
