QUESTION
Does a home owner have to pay more for insurance if someone sues?
Asked on Dec 30th, 2012 on Personal Injury - California
More details to this question:
My mom broke her hip falling down the front steps of my sister's boyfriend's house. Because of the design, she is not the first. My mom lives with me & now we are both dealing with the cost & pain of her recovery, (her hip was broken in 4 places). If we sued his home owners insurance, would his premium increase?
11 ANSWERS
Criminal Defense Attorney serving El Segundo, CA
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Rubin, Inc.
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First, you would not sue the insurance, you would have to sue your sisters boyfriend. We don't say the word insurance in court on a personal injury case. The reason for the secret is to give the person (and their insurance company) a fair trial without the jury thinking, aww who cares is it just insurance money. Yes you could sue for this and if a known problem before the fall, you should have a good chance for success.
Answered on Jan 04th, 2013 at 6:25 AM
Lisa Hurtado McDonnell
It is possible if he has several claims against his policy within a three year period. If the steps are dangerous then he needs to less the possibility of injury and that will reduce his future liability.
Answered on Jan 04th, 2013 at 4:19 AM
Insurance Attorney serving Redlands, CA
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Orrock, Popka, Tucker & Dolen
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An insurance company will usually charge more for protection of property that is more risky. A history of similar incidents could trigger an increase. It could also trigger cancellation until the risky condition is fixed. However, most of us have insurance so that if something like this happens on our property, the injured person can get appropriate medical care and compensation for the negative impact on daily life. The incident should have been reported to the insurance company even if you do not sue. That being the case, the premium could be increased even if you do nothing. You will not be suing the insurance company, you will be suing your sister's boyfriend. He will be protected and defended by his insurance company at no expense to him (except for the possible premium increase). I am not sure prioritizing his increased premium over a serious injury is appropriate. If I was your sister's boyfriend I would be inviting your mother to make a claim.
Answered on Dec 31st, 2012 at 5:32 PM
NA richard@jandjlaw.com
Possibly. First check to see if the homeowner's coverage also includes no-fault premises medical coverage to pay for medical bills for treatment for injuries sustained by people coming on the property who are hurt there. If the homeowner has this limit, it will be in a certain coverage amount, such as up to 5K or up to 10K. That is a no-fault coverage. Making the liability claim means you must prove negligence / fault on the part of the homeowner. If the homeowner's insurer does pay liability indemnity money out it may well be that the underwriting dept. of the insurer will surcharge the homeowner's premium the next cycle (or refuse to re-insure the risk, worst-case scenario).
Answered on Dec 31st, 2012 at 5:32 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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While many factors enter into the determination of the amount of the premium, it is reasonable to assume that the premium would increase. Some companies are more generous if there have been very few claims against the policyholder, and some policies are written to provide that there is no increase in premium for the first claim within a given period. Good Luck to your mom.
Answered on Dec 31st, 2012 at 5:31 PM
It might or the carrier might drop him from coverage, but your worry should be getting compensation for your mother, not worrying about a non-family member. If it is a bad design problem someone else will sue so you are merely delaying something that will eventually happen. Hip injuries can be very serious and costly. You should go to some plaintiff personal injury attorneys to find out what the case might be worth. Insurance is purchased to take care of such problems.
Answered on Dec 31st, 2012 at 5:31 PM
Insurance Law Attorney serving Gainesville, FL
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Steven Kalishman, P.A. Law Offices
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Maybe, but the in increase would be insignificant compared with her potential recovery.
Answered on Dec 31st, 2012 at 5:30 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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This would be up to his insurance company. Legally, they are not required to increase premiums, but it is likely that they would. However, if you can establish liability, the premiums would go up by an amount significantly less than your mother's damages. By refraining from suing out of fear of increasing the insurance premiums, it would be as if your mother is donating thousands, perhaps hundreds of thousands, to the insurance company.
Answered on Dec 31st, 2012 at 5:29 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Probably but why is that an issue. The issue is whether you have a case which will fly not whether it is inconvenient to the bad guy.
Answered on Dec 31st, 2012 at 5:29 PM
Insurance Defense Litigation Attorney serving Auburn, CA
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Graves Law Offices
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If he is found at fault, yes.
Answered on Dec 31st, 2012 at 5:28 PM
Automobile Accidents and Injuries Attorney serving Santa Ana, CA
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Law Offices of Maurice L. Abarr
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Probably but not enough to justify not making a claim. Beware of time limitations. If in California, you must file lawsuit within 2 years from date of fall.
Answered on Dec 31st, 2012 at 1:58 PM