How do I make a claim against a homeowner's insurance policy for an injury that occurred at their residence?
To make a claim, you must notify the homeowner of your injury and then formally report the incident to their insurance company to begin the claims process.
Here are the steps to take to make a claim against a homeowner's insurance policy in California:
Step 1: Seek Immediate Medical Care
Your first priority is your health. Go to an emergency room, urgent care, or your doctor. This creates an official medical record of your injuries, which is essential evidence for your claim.
Step 2: Notify the Homeowner
Inform the homeowner about the injury as soon as possible, preferably in writing. Request the name of their insurance carrier and their policy number. The homeowner has a duty to report the potential claim to their insurer.
Step 3: Gather and Preserve Evidence
Take photos of the specific hazard that caused your injury (e.g., a broken step, wet floor) and photos of your physical injuries. Get the names and contact information of any witnesses. Keep a detailed file of all medical bills, receipts for out-of-pocket expenses, and documentation of any lost wages from work.
Step 4: Open a Claim with the Insurer
Contact the homeowner's insurance company to formally open a claim. You will be given a claim number and assigned an insurance adjuster who will manage the case. Provide the adjuster with the basic facts of the incident, including the date, time, and location.
Important Details and Nuances:
Under California Code of Civil Procedure Section 335.1, you have a strict deadline of two years from the date of the injury to file a lawsuit. Your claim is based on the legal principle that the homeowner was negligent in maintaining their property, as established in California Civil Code Section 1714(a). Some policies also have "Medical Payments" coverage, which can provide a small amount (often $1,000-$5,000) for your initial medical bills regardless of who was at fault.
Warnings and Limitations:
Be very careful when giving a recorded statement to the insurance adjuster. The insurer can use your words against you to minimize or deny your claim. Do not sign any settlement release forms until your medical treatment is complete and you fully understand the terms, as it will prevent any future claims for this injury.
This is general information and does not constitute legal advice. For complex situations or significant injuries, you should consult with a qualified California personal injury attorney.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 14, 2025
Personal Injury
Accident claims, medical malpractice, and compensation rights
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