Accident Claim

by Alan Harding

Education

If you own a car, a house, a boat, or even a dog, you are at risk of having someone file an accident claim against you. Owning any of the above puts you at risk for potential liability. Thank goodness for insurance! Let’s face it — insurance is not anyone’s favorite subject, but when you need it, you will be glad you have it.

If you have the misfortune of an accident claim being filed against you, (i.e., your neighbor trips and falls over your doorstep; your teenage son accidentally crashes into his best friend’s car; your dog bites the mailman), don’t panic. Here are some tips that will hopefully ease accident anxiety.

Call your insurance agent and report the accident immediately. Filing an accident claim is extremely important to correctly start the process from the outset.
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Make sure you have all the information, including the details of the accident. Time of day, weather conditions, the events leading up to the accident – all of these things are factors that may or may not have contributed to the accident, but nothing should be overlooked. Although they may not seem pertinent at the time of the accident, future investigation could prove otherwise.

Get statements from witnesses if possible. If they are not willing to give a statement at the time of the accident, at least get their name, address and telephone number. Eye witnesses could be crucial down the road. Obviously, the sooner they can state what they saw, the more solid their testimony will be in the future, if needed.

Never admit fault regarding the accident. You can be apologetic and concerned, but never say, “it’s my fault that you fell off the step and broke your arm.” Lawyers love to hear that the owner admitted fault or responsibility for whatever accident happened.

Take photographs of the accident scene. If possible, photos of the scene or vehicle damage, if it is an auto accident, are extremely helpful. The snapshot immediately following the accident can be very beneficial in proving your version of the story or disproving the other side’s version.

Here are some tips on how to decrease your chances of having an accident claim filed against you.

If you are a homeowner, look for latent or hidden dangers, particularly depressions in your yard that could cause someone to step into and possibly fall or worse, twist or break an ankle. Check your sidewalk and driveway for uneven or cracked pavement that could cause someone to trip. Check any steps for loose or broken bricks.

Inside your home, make sure area rugs have rubber backsides to avoid someone from sliding on it. If you wax your tile or hardwood floors, be sure and caution your guests know that the floors may be slippery. Handrails and stairs should also be checked to make sure they are sturdy and not loose.

If you have a dog, regardless of how loving it is to you and your family, strangers should be warned when entering your yard or home. One never knows when something can cause a dog to bite or nip someone. In most states, if your dog bites someone, it’s considered “strict liability” and you, as the owner, will automatically be held responsible for the person’s injuries. Err on the side of caution and put the pooch in another room until you know it is safe for him or her to be around company.

The most important thing you can do is to review your insurance policies and know what is covered and what is not covered so you’re prepared in case an accident occurs. Also, some insurance policy coverage may overlap protection, so adjust your coverage as necessary and reduce your premium at the same time.

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