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Determining Liability
If the damage was caused by negligence of the other party, a claim will be filed against them. Their property insurance may offer coverage for them.
Alternatively, if the other party doesn’t have insurance that covers the claim, then they might have to pay the entire loss out-of-pocket.
Let’s say, for example, your neighbor cuts down a tree without using the correct standard of care, and it falls on your roof causing damage to your home. These damages will most likely be caused by your neighbor.
However, if the damage is caused by a tree branch falling on your home due to natural causes or a storm, the neighbor won’t be held responsible and the claim will need to be filed with your homeowners policy.
How to File a Claim Against Someone Else’s Homeowners Insurance
Technically, a claim can be filed against the negligent party if he or she causes injury or loss to another party. You can file a claim for damages or injury against the negligent party.
Third-Party Losses
If another person claims their property or personal belongings were damaged by your negligence, you should contact your insurer to request a defense under your policy. Your insurer will usually provide an attorney to help you defend the claim.
These claims can be very costly, so make sure to review your policy as soon as possible to ensure you are covered in the event that a third party files a claim against you.
What Happens if Someone Doesn’t Agree?
Some third-party claims can be resolved without the need for a lawsuit. Other cases may require a lawsuit in order to determine who is responsible for the damages and what amount they are responsible for. Many cases can be settled even after a lawsuit is filed.
Jenkins Law PL helps property owners with their property damage insurance claims. This includes third-party claims. For assistance with third-party claims, contact us now.
This post was written by Kelly-Ann Jenkins of Jenkins Law P.L. Kelly-Ann is a Personal Injury Attorney St Petersburg FL She focuses on personal injury, car accidents, and bicyclist injury. 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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