Selling house before insurance claim settled

[dave johnson]

What is the name of your state (only U.S. law)? California

Can a house be sold before an insurance claim is settled (personal injury)? What happens with the claim?

 

[adjusterjack]

Details would help but, in general:

Can a house be sold before an insurance claim is settled (personal injury)?

Yes.

What happens with the claim?

The sale of the house should have no affect on the claim.

You would get better responses if you would say what is happening and why you are asking.

 

[dave johnson]

Details would help but, in general:



Yes.



The sale of the house should have no affect on the claim.

You would get better responses if you would say what is happening and why you are asking.

Thank you!

These are sort of theoretical questions.

Second question, somewhat related.

If a personal injury claim has been filed by a tenant against a landlord, and the landlord is found to be grossly negligent, what might the repercussions be to the landlord as far as rates going up, or any other sort of repercussions?

Thanks!

 

[adjusterjack]

Depending on the nature of the claim, and how much was paid, any of the following might happen:

No rate increase.

Rate increase.

Non-renewal which, indirectly, would likely result in higher rates when a replacement policy was purchased with another insurance company.

Mid-term cancellation depending on the cause of the claim and the state's cancellation laws.

No way to predict the outcome.

 

[dave johnson]

Hello again, more questions!

1. From what I understand, there is a 2 year statute of limitations (in California) on a personal injury...but I've read something about a 1 year statue of limitations on punitive damages. Could someone clarify that?

2. I'd be interested in a transcript or example of an insurance claims adjuster interviewing someone about a personal injury. Does anyone know of such an example on the internet? I can't find anything on exactly what sort of questions they ask, etc.

Thank you.

 

[adjusterjack]

I've read something about a 1 year statue of limitations on punitive damages. Could someone clarify that?

You'll have to provide a link to wherever you read that so I can determine if you are misinterpreting something or the person who wrote it is just clueless.

2. I'd be interested in a transcript or example of an insurance claims adjuster interviewing someone about a personal injury. Does anyone know of such an example on the internet? I can't find anything on exactly what sort of questions they ask, etc.

I'm sitting here chucking because I've done just that on a variety of occasions during my 35 year career in the insurance business. I was very good at it. It's something that can't be taught. It's learned by doing and there isn't a list of questions to ask because the answer to any question can lead to many more questions and answers.

Let's you and I play a game Dave. I'll be the injured claimant and you be the adjuster. I want you to pay me because your insured was responsible for my injury. What do you want to know in order to determine whether to pay me or not.

Ask away.

You can ask one question at a time or a series of questions if you like.

 

[dave johnson]

You'll have to provide a link to wherever you read that so I can determine if you are misinterpreting something or the person who wrote it is just clueless.

Okay, I found it....had to do with intentional infliction of emotional distress. Apparently not covered by property insurance. But something I would think any negligent landlord would have to worry about.

I'm sitting here chucking because I've done just that on a variety of occasions during my 35 year career in the insurance business. I was very good at it. It's something that can't be taught. It's learned by doing and there isn't a list of questions to ask because the answer to any question can lead to many more questions and answers.

Let's you and I play a game Dave. I'll be the injured claimant and you be the adjuster. I want you to pay me because your insured was responsible for my injury. What do you want to know in order to determine whether to pay me or not.

Ask away.

You can ask one question at a time or a series of questions if you like.

I get that any interrogation would be different depending. I just thought it interesting to see how an actual interrogation would go from beginning to end. And there must be some things in common that an adjuster would ask for in any interrogation, medical records, etc.

I suppose the first question would be "what happened, how did the injury occur?"

 

[quincy]

Okay, I found it....had to do with intentional infliction of emotional distress. Apparently not covered by property insurance. But something I would think any negligent landlord would have to worry about.



I get that any interrogation would be different depending. I just thought it interesting to see how an actual interrogation would go from beginning to end. And there must be some things in common that an adjuster would ask for in any interrogation, medical records, etc.

I suppose the first question would be "what happened, how did the injury occur?"

The first thing to understand about the other party's claims adjuster is that it is the claims adjuster's job to pay out as little as possible to an injury victim.

A victim does not have to provide any statement or answer any question posed by the adjuster and, because what is said by a victim can be used against the victim, it can be best to say nothing. The adjuster can get the information he needs from other sources (e.g., medical records, medical bills, police reports, witnesses).

A victim should also never sign any documents presented by the adjuster without fully reading AND understanding what the victim is being asked to sign. The victim does not want to inadvertently sign away any rights.

Despite the oft-repeated "advice" by insurers that an attorney is not necessary for a claim, hiring an attorney can often result in higher settlement amounts for the victim. If an injury is severe, the victim should treat the injury that way and get the necessary medical care for as long as necessary.

I can't tell if you are the landlord, the injured tenant, or just a curious sort. If you have a real legal issue, details can be helpful.

 

[adjusterjack]

Okay, I found it....had to do with intentional infliction of emotional distress.

If intentional infliction of emotional distress was an element of a personal injury, the personal injury statute of limitations would apply.

If intentional infliction of emotional distress was the only claim made by the victim it would be a tort in itself and would carry its own statute of limitations.

I don't find a specific SOL for it in the CA SOL statutes so my guess is that the following would apply:

343. An action for relief not herein before provided for must be commenced within four years after the cause of action shall have accrued.

http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CCP&division=&title=2.&part=2.&chapter=3.&article=

Whether punitive damages would be awarded depends on the situation.

The elements of the tort of intentional infliction of emotional distress are: (1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress; (2) the plaintiff's suffering severe or extreme emotional distress; and (3) actual and proximate causation of the emotional distress by the defendant's outrageous conduct. (Christensen v. Superior Court (1991) 54 Cal.3d 868).

Apparently not covered by property insurance.

You mean not covered by Liability insurance which excludes intentional acts.

But something I would think any negligent landlord would have to worry about.

Why would you think that, Dave?

I get that any interrogation would be different depending. I just thought it interesting to see how an actual interrogation would go from beginning to end. And there must be some things in common that an adjuster would ask for in any interrogation, medical records, etc.

I suppose the first question would be "what happened, how did the injury occur?"

That's right.

And so I don't have to spend a lot of time on this, I ran a search that took about a second to come up with numerous sites addressing questions to ask a personal injury claimant.

 

[quincy]

If intentional infliction of emotional distress was an element of a personal injury, the personal injury statute of limitations would apply.

If intentional infliction of emotional distress was the only claim made by the victim it would be a tort in itself and would carry its own statute of limitations.

I don't find a specific SOL for it in the CA SOL statutes so my guess is that the following would apply ...

The statute of limitations for intentional infliction of emotional distress is two years. California Code of Civil Procedure section 335.1.

 

[adjusterjack]

The statute of limitations for intentional infliction of emotional distress is two years. California Code of Civil Procedure section 335.1.

335.1.Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.

Don't see it. Unless you are giving a VERY broad interpretation to the word "injury."

 

[quincy]

335.1.Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.

Don't see it. Unless you are giving a VERY broad interpretation to the word "injury."

That is the section that applies to the statute of limitations for intentional infliction of emotional distress claims.

An IIED claim does not appear appropriate for what dave is asking about here, though ... although it is not real clear what his legal concern actually is.

 

[dave johnson]

A victim does not have to provide any statement or answer any question posed by the adjuster and, because what is said by a victim can be used against the victim, it can be best to say nothing. The adjuster can get the information he needs from other sources (e.g., medical records, medical bills, police reports, witnesses).

What if there is no police report or witnesses? And even if there are witnesses, how do they convey things like pain and suffering?

Despite the oft-repeated "advice" by insurers that an attorney is not necessary for a claim, hiring an attorney can often result in higher settlement amounts for the victim. If an injury is severe, the victim should treat the injury that way and get the necessary medical care for as long as necessary.

The risk though would be getting a high enough settlement to pay for the attorney and other costs. At least a third more.

So if a victim had an attorney, than the attorney would do all the dealings with the adjuster and the victim would not, correct?

I can't tell if you are the landlord, the injured tenant, or just a curious sort. If you have a real legal issue, details can be helpful.

I'm just trying to get an overview and understanding from all sides. And I appreciate all the answers thus far!

 

[adjusterjack]

I'm just trying to get an overview and understanding from all sides.

What, exactly, are you concerned with?

Did you fall and hurt yourself at somebody's house?

Did somebody push you off a roof?

You've got so many unrelated concepts in your questions that it's impossible to address them and it's starting to seem like a waste of time.

 

[dave johnson]

What, exactly, are you concerned with?

Did you fall and hurt yourself at somebody's house?

Did somebody push you off a roof?

You've got so many unrelated concepts in your questions that it's impossible to address them and it's starting to seem like a waste of time.

Sorry it seems that way to you. All the "concepts" relate to a personal injury claim and how it works for the landlord and the tenant....which "concept" that I've asked about does not?

Sidenote-I replied to a previous post of yours but for some reason the post has to be approved by a moderator. This one may too, I suppose.