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How Inadequate Home Insurance May Affect Potential Claims

Personal injury lawyer Thomas Simeone was featured in an article on Reviews.com, warning about the pitfalls of seeking cheap home insurance, which may put you at risk for being underinsured in the event of a mishap. While inexpensive insurance may seem alluring, given some of the high prices for homes located near the storm-prone Atlantic shoreline, the cost of inadequate insurance may be greater in the future.

For anyone filing a claim, Simeone explains that it is particularly important to understand Virginia’s “pure contributory negligence” law, which states that if you are even 1% at fault for your own injury, you cannot claim any damages. “There’s been a lot of talk through the years of [pure contributory negligence] being too harsh,” Simeone says.

If you are injured on someone’s property and are found to be at least 1% at fault, you would foot the bill. As a result, Simeone says that there are less homeowners’ insurance claims than usual. This law also applies to auto insurance. If, for example, you are not wearing a seatbelt and get injured as a passenger, you may not be able to receive compensation.

Additionally, Simeone explains the “Hawaii rule”, which impacts claims regarding falling trees. Virginia has many old trees, which are prone to falling and, should a tree on your property fall on your neighbor’s property, inflicting damage or injury, you are responsible for the bill. If you are well insured, it should cover these costs, but it Simeone suggests that it is best to avoid it altogether by regularly getting you trees assessed and inspected – a service that may be offered by your home insurance company.

Simeone also has advice regarding snowy weather, which Virginia does not experience much of, but still requires preparedness. Homeowners are responsible for shoveling and de-icing their sidewalks and not doing so may get you into a lot of trouble. “You could be liable if you fail to take any steps,” Simeon says. If you shovel the ice, but do it ineffectively, leaving ice behind, you are still responsible for injuries caused by this.

While the complexities of Virginia’s law may sometimes make it difficult for injured parties to file a claim, the Washington D.C.-based attorneys at Simeone & Miller, LLP have years of experience fighting to maximize compensation for their clients.

Read the full Reviews.com article here.