Most of the time, when you’re hurt on someone else’s property, their homeowner’s insurance will cover the injuries you suffer. There are, however, limits to how much you can collect, and in some circumstances, you may not be able to collect at all.
It’s important to understand when you can sue for an injury claim and how to collect on those injuries in order to get the compensation you deserve. Learn what you need to know about the limits of homeowner’s insurance and injury payments, and how a Colorado Springs injury attorney can help.
Liability Coverage: The Limit on Compensation
When you’re hurt and you get a settlement for your injuries, the homeowner’s insurance policy will usually pay out these damages from the liability coverage under the policy. Unfortunately, this coverage is not unlimited and the insurance will only pay to the policy limits. Thus, if you get hurt for $150,000 worth of damages, but the liability coverage only extends to $100,000, the insurance company will only pay $100,000.
In some cases, the property owner might have an additional umbrella policy that kicks in to cover the rest, but not always. The owner of the property is technically still on the hook for the remaining damages, but getting them to pay out of pocket can be difficult.
Proving Liability
Another limiter on what you can collect is proving liability. To do that, you have to demonstrate that the homeowner was in some way negligent—that they knew a dangerous situation existed and failed in their duty of care by not addressing the situation. Your accident and injury must have resulted directly from this dangerous condition.
This means if for example, there is uneven concrete on their front stairs, they knew it was there and have had ample time to fix it, but have not done so, or even warned you, and you fall and hurt yourself, they can be held liable. If, however, a sudden cold snap caused the concrete to decay and crack, and the owner wasn’t aware it happened, they may not be liable.
Calling a Colorado Springs Injury Attorney
Collecting your damages from a limited liability insurance policy can be tricky. A Colorado springs injury attorney can be of great help in this matter. Not only will they fight for you against the insurance company, who may try any number of tactics to refuse your claim, they can work with the defendant to establish a means by which any remaining damages can be collected.
You have little to lose by talking to a lawyer, there’s no cost or obligation to have your case evaluated. This makes it simply a good idea to pursue your case through the services of an injury lawyer.
At Heuser & Heuser, we have decades of experience fighting insurance companies and getting settlements for our clients. If you’ve been injured, get in touch with us to discuss the details of your case today!
