Children are natural explorers, which can result in injury. If your child
is injured on another person’s property, you may be concerned with
how you’ll pay for medical expenses. Your child may be facing severe
injuries and the life-changing consequences of them, and navigating the
process of filing a claim may be low on your list of priorities.
If there is a premises liability policy in place, such as homeowner’s
insurance, it is likely that your child will be covered by the policy.
Timeliness is key in reporting the injury to the insurance company, so
as to prevent them from denying your claim due to the time passed since
the accident. After you submit your report to the company, you may want
to determine what type of claim would be appropriate.
Medical Payments Coverage
Many homeowner’s insurance policies include “medical payments”
coverage, which is no-fault coverage. This coverage does not require you
to prove the accident was the fault of a
negligent property owner, so no matter how the accident occurred, your child should be covered
by this policy. Typically, medical payment coverage is sold in increments
ranging from $1,000 to over $50,000, and can cover medical payments. Submitting
your medical bills to the insurance company allows them to settle your
bills for you, or it is possible the company will send you a check for
your total medical expenses.
Bodily Injury Liability Coverage
This is the second type of coverage that homeowner’s insurance provides.
This type of coverage covers accidents where the property owner or their
family is at fault. The burden of proof is placed on you or your attorney,
so you must be sure to document anything that can be used to prove fault.
Whereas a medical payment policy will cover medical bills only, a bodily
injury liability policy can cover medical expenses, loss of work, pain
and suffering, and other damages resulting from the injury.
What to Do
If your child is injured, it is most important to first seek medical treatment.
Claims and insurance can wait, but the welfare of your child cannot. You
need to notify the property owner’s insurance company of the injury
as soon as possible, preferably in writing. Remember that many policies
have a clause allowing them to reject claims if the company is not notified
in a timely fashion.
When it comes time to make a claim, you will have to decide which option
is better for your case: medical payment coverage or bodily injury liability
coverage. If the property owner or their family is at fault, and you are
able to prove it, a bodily injury liability claim may offer more compensation.
If there is no one to blame for the accident, a medical payment claim
is the more likely choice.
Depending on the type of claim you make, your next steps will vary. An
experienced personal injury attorney can guide you through either claim.
If you file a medical payment claim, you or your lawyer will negotiate
with the insurance company about how payments will be made to cover medical
expenses. Many hospitals file bills directly with the insurance company;
however, you may wish to send the bills yourself. The hospital can be
paid directly or the company will pay you, at which point you can take
charge of paying your child’s medical expenses.
If you file a bodily injury liability claim, you will have to prove that
the accident was the fault of the property owners. This may involve a
legal battle in court, so it is best to contact an attorney to represent
you. A skilled personal injury lawyer can help prove the fault of the
homeowner in your child’s accident, and can argue on your behalf
for adequate compensation.
If your child was injured on another person’s property, contactJordan Law today. Our firm of experienced
Denver personal injury attorneys is here to answer your questions and help you receive compensation for
your child’s injury.
Contact us today to learn more.