The construction industry is one of the most dangerous industries which results in many serious injuries every year. As such, it is especially important for those who work in the construction industry to be clear on the processes of filing claims should a construction accident happen. If you are a victim of a construction accident, engaging an attorney can help as your attorney will be able to advise you on what you should do and the type of claims to make. Here are other important tips you should take note of when you file for claims after a construction accident.
After an accident has occurred, the parties involved should be asked to review their insurance policies so that appropriate notice can be given to areas that have potential coverage. This may seem intimidating since many construction projects involve numerous parties, but is an important step that should not be missed out. When searching for policies, a good place to start is construction contracts and certificates of insurance.
Prompt notice should be given to your insurance companies once you have identified all liability policies. You can provide a notice about the policies that could potentially provide coverage for liability claims and losses. Do not hold off or delay when you provide notice to your insurance companies, as prejudice may be found in the case that the insurer is not given adequate time to evaluate the site before repairs and clean-ups commence.
If you want to be successful in pursuing coverage for losses, you will need the collaborative effort of a team who can interpret policies and contracts, quantify loss and negotiate with insurance adjusters. You can look for a risk manager, or even public adjusters who provide services like claims preparation. An attorney will also be able to assist you in coverage issues, and take part in negotiations with insurers. With a team that are experts in many aspects, the chance of a successful claim will be even higher.
Making a written document of everything that happened can help to prevent long delays in claim adjustment. This document can be presented to the insurance company adjuster regularly. Sometimes, insurance companies are slow in resolving claims as they do not allocate the resources required to speed up the process, and it is in their best interests to hold on to the money for as long as possible. However, they are concerned about the possibility of bad faith liability for dilatory claims handling. By reminding them every time there is a missed deadline or a late claim payment, it will drive the point across that such behavior is not condoned and can be used against them in a bad faith lawsuit if necessary.
Take Note of Contractual Suit Limitations
Often times, insurance policies require suits against the insurer to happen within a set period of time. This period is usually two years, but in some policies, suits must be filed within a year. Hence, you should consult your lawyer about he policy’s limitation, and request for an extension from the insurance company if you feel that the claim will not be resolved within that particular time period.
If you are a victim of a construction accident and intend to file claims, Corradino and Papa, LLC has a team of experienced attorneys who can help you. Contact us today for a free consultation.
Disclaimer: Results may vary depending on your particular facts and legal circumstances.