Slipping and falling due to a hazard on another person’s property may give you grounds to pursue compensation from the property owner. The process often starts by filing an insurance claim through the owner’s liability insurance.
Understanding insurance claims for slip-and-fall accidents in New York can help you navigate this process more confidently and know when you may need to move beyond the insurance process to seek compensation. You can also consult a slip-and-fall accident lawyer in New York for legal guidance and support.
Understanding the Slip-and-Fall Insurance Claim Process in New York
If you were injured on another person’s property, you may be able to pursue a liability insurance claim if you can prove that the property owner was negligent for your injuries. This generally involves showing that you were lawfully on the property when the accident happened and that the property owner knew or should have known about the hazardous condition that caused your injuries, yet failed to mitigate it.
You would typically file a claim through the property owner’s insurance. The insurance company would assign an adjuster to the claim to investigate details such as:
- The nature and severity of your injuries
- The property owner’s liability for your injuries
- The condition of the property
- The cause of the accident
Insurance companies want to protect themselves against paying out claims that are not legally their responsibility. They will investigate thoroughly to determine whether the property owner, as their insured, is actually responsible for your injuries.
The Insurance Information Institute reports that only approximately 2.1% of homeowners’ insurance losses were due to premises liability in 2023, with the majority of claims (97.3%) surrounding property damage. Between 2019 and 2023, approximately 0.06 claims per 100 house years were filed for bodily injury. A “house year” indicates coverage on a dwelling for 12 months.
While these claims are relatively uncommon, the majority of property liability policies include bodily injury coverage. You have the right to file a claim if you were injured due to a property owner’s negligence.
Common Insurance Company Tactics in New York Slip-and-Fall Claims
Insurance claims for slip-and-fall accidents in New York are not always straightforward. The insurance company may use one of several tactics to minimize your payout or deny your claim. Being aware of these strategies is important to achieving a fair outcome.
- Exaggerating your fault in the accident: New York slip-and-fall laws allow insurance companies to assign fault to multiple parties. If the insurer determines that you were partially at fault for the accident, they can reduce your compensation award by that percentage. The insurer might claim small issues, such as wearing improper footwear or not paying attention to your surroundings, as proof that you contributed to your accident.
- Delaying the claim: Insurance companies are known to drag out claims as long as possible in the hopes that you will accept a lower settlement just to be done with the process. You have the right to check in with the adjuster frequently for updated timelines.
- Claiming that pre-existing medical conditions contributed to the injury: The insurance adjuster may request extensive medical documents to identify something in your history that may have contributed to your current condition. They might point to something completely unrelated to the accident as the underlying cause of your injuries.
- Taking social media posts out of context: You need to be careful what you post on social media regarding your injuries. The insurance company can gain access to these posts and take something seemingly innocent out of context to prove that your injuries are not as severe as you claim.
- Challenging notice of the hazard: The insurer may claim that the property owner did not have time to learn about the hazard or reasonably wouldn’t have known about it before it caused your injury.
If you encounter any of these tactics during your claims process, you may have trouble seeking a payout that accurately reflects your expenses. A slip-and-fall attorney can help you negotiate with the insurer or appeal wrongful claim denials by providing further evidence.
Pursuing Legal Action in a Slip-and-Fall Case
If the insurance company fails to cooperate or does not offer a sufficient payout after a serious slip-and-fall accident, your attorney may advise you to pursue legal action against the property owner, in which case the insurance company may act as their defense. The majority of slip-and-fall lawsuits end in a settlement before trial.
Your attorney will represent you during settlement negotiations to seek a fair payout. The settlement process for slip-and-fall insurance claims in New York usually involves a few rounds of negotiations.
Consult a Personal Injury Lawyer in New York
Insurance claims for slip-and-fall accidents in New York can be complicated and lengthy. Calling an attorney after a slip-and-fall accident may be wise if the property owner or insurance company isn’t cooperating.
Ross & Hill represents slip-and-fall victims throughout the compensation process. Give us a call today at 646-351-6222 for a free consultation.
Frequently Asked Questions
What should you not say to an insurance adjuster after a slip and fall?
After a slip-and-fall accident, avoid statements like “I’m fine,” “I’m sorry,” or anything else that could either minimize your injuries or pin a portion of the blame on you. Keep statements to a minimum, and don’t hesitate to have your attorney present when talking to the adjuster.
What is the average payout for a slip and fall in New York?
The average payout for slip-and-fall claims in New York varies depending on the severity of the injury, the impact on the victim’s life, and other factors. Your attorney will help you seek a payout that reflects your damages.
How long does the insurance claim process usually take for slip-and-fall accidents?
Insurance claims for slip-and-fall accidents in New York can take anywhere from a few weeks to several months, and the process can extend longer if you pursue legal action against the insurer. Your attorney can estimate how long the process may take while considering potential complications.
