Are You Liable? Protect Yourself from Home Worker Lawsuits
Are You Liable? Protect Yourself from Home Worker LawsuitsAs the housekeeper is vacuuming your living room, she trips over one of your daughter's toys and seriously injures her back. While your neighbor's teenage son is mowing your front lawn, he steps in a large hole and sprains his ankle. Will your homeowner's insurance cover you if one of these workers decides to file a lawsuit?
Many homeowners do not realize that they could be held financially liable if a maid, landscaper, nanny or another house worker were to suffer from an injury on their property. Here are some things you should keep in mind before you hire a home worker:
Is that worker an employee or a contractor?
When you hire someone to help out around the house, you should figure out whether he or she is an employee or a contractor. This is one of the factors determines whether or not you are liable for a worker's injury. So, how do you know if the worker is considered your employee or a contractor? It all comes down to how much control you have over the worker.
Let's say you hire a nanny named Lisa to take care of your children and do some light cleaning in your home. Lisa follows your instructions about how to care of your kids and how to complete certain household tasks. You supply Lisa with the supplies and tools she needs to do her job. Because you have control over how Lisa works, she is most likely considered your employee.
On the other hand, let's say you hire a professional landscaper named Bob to fertilize and mow your grass, trim the hedges and plant flowers in your yard. Bob uses his own lawn mower and yard tools and he does yard work for other homeowners, as well. Bob also has a team of workers who help him with his business, and he pays these workers. In this case, Bob would be considered an independent contractor.
Of course, these are two fairly simple examples. If you are uncertain about whether a worker in your home is considered a contractor or an employee, consult a lawyer or tax professional.
Understanding worker's comp insurance
Some states require that homeowners who have house worker "employees" to carry workers' compensation insurance coverage for them. However, even if your state does not require this, you should still consider purchasing this insurance for your employees. Why? Because if one of your employees is injured on your property, you may have to pay for their medical bills and other expenses out of your own pocket. However, with workers' compensation coverage, the insurance company will cover the costs.
Alternatively, if you hire a house contractor, such as a landscaper, carpenter or plumber, they should be covered by their own workers' compensation insurance. If a contractor is injured while doing work on your property, he or she will be covered under that policy. If the contractor doesn't have enough coverage, you may be held financially liable. However, depending on the circumstances, you may be able to file a lawsuit against the contractor as they are required by law to have sufficient workers' compensation coverage.
If you are looking to hire a house contractor, it's important to ensure they are covered for worker injuries, property damage and uninstalled materials. Don't just take their word for it. Ask for written proof that they have a contractor's license, workers' compensation insurance for themselves and any subcontractors and general liability coverage.
Know what your homeowner's insurance covers
When it comes to coverage for home workers, every homeowner's insurance policy is different. Depending on your home state, your policy may include a provision that provides limited coverage for minor workers performing lawn mowing or other tasks that require the use of power tools on your property.
On the other hand, your policy may specifically exclude domestic workers such as nannies or maids. Your policy may cover the injuries of household employees, but only after a lawsuit is filed against you. Because homeowner's policies vary widely, it's important to read through your contract and talk to your insurance agent before you hire a home worker.
Consider an umbrella policy
If you discover that your homeowner's policy offers limited or no liability coverage for workers, you may consider purchasing additional liability insurance. While you may have some personal liability coverage through your homeowner's policy, it's probably not nearly enough to cover a major lawsuit from a home worker. If someone were to file a lawsuit against you, you could end up losing hundreds of thousands of dollars or more-even if you win.
You can further protect yourself with what's known as an umbrella policy. This type of policy offers a higher level of liability coverage and ensures that you and your family will be protected if someone sues you for damages. Umbrella policies are typically sold in million dollar increments, and you can obtain a policy once your home and auto insurance policies meet a minimum "attachment point"-typically a liability limit of $250,000 or $500,000.
Check with the Better Business Bureau
Before you hire a home worker, you should contact the Better Business Bureau for more information. They can tell you if any consumers have filed complaints against the worker. Visit the bureau's website at www.bbb.org.
Any questions about Allstate Homeowners Insurance Policies, please feel free to call Khalid Umerani, Agent, Allstate-NOVA Insurance Group at tel. 703.263.7800
www.south-riding-insurance.comwww.loudoun-insurance.comLabels: Allstate Aldie, Allstate Chantilly, Allstate South Riding, Allstate Stone Ridge, Khalid Umerani
Can I Borrow Your Car -- And Your Insurance?
“Bill, can I borrow your truck? I have to pick up a new mattress.” Questions like this are routine here in Virginia (Fairfax & Loudoun Counties). Friends and neighbors borrow and lend their vehicles. College roommates borrow their friends’ cars. Six cars are parked in a driveway at a party and one needs to be moved so another car can pull out. The owner tosses someone the keys and tells him to move it. When situations like these end with an auto accident, whose insurance pays – the owner’s or the borrower’s?
In general, the vehicle owner’s policy is primary and pays first in the event of a loss. If for some reason the owner’s policy does not cover the loss or provide enough insurance to fully cover it, the borrower’s policy will apply. For example, assume that Joe has a policy with an insurance limit of $100,000 for injuries to one person and Bill’s policy has a limit of $250,000. Joe borrows Bill’s car and severely injures a pedestrian, resulting in damages of $300,000. Since Bill owns the car, his policy will pay first. It will pay $250,000 (his limit of insurance,) and Joe’s policy will pay the remaining $50,000. If Bill’s policy does not cover the loss (for example, if he had let the policy lapse,) Joe’s policy would pay all of its $100,000, but Bill and Joe might be individually responsible for paying the balance.
The owner’s insurance will also be primary for damage to the car itself. However, the borrower’s insurance can make up for a difference in deductible. Suppose Joe has a $500 collision deductible on his car and Bill’s collision deductible is $1,000. Joe totals Bill’s $5,000 car in an accident. Bill’s insurance will pay $4,000 for the car ($5,000 minus the $1,000 deductible,) and Joe’s insurance will pay $500 (Bill’s deductible minus Joe’s $500 deductible.) If Bill’s insurance is uncollectible because he didn’t buy collision coverage, Joe’s policy will pay $4,500 ($5,000 minus the $500 deductible.)
A person must have the car owner’s permission to borrow before the owner’s insurance will cover him. The insurance company will consider the person to have permission if he had a reasonable belief that he could use the car. For example, if Bill at one time said to Joe, “Take the car whenever you need to; the keys are on my desk,” and Joe had in fact borrowed it several times with no objection from Bill, it would appear that Joe had a reasonable belief that he could use it. On the other hand, if Bill never said anything to Joe about using the car, and Joe had to search Bill’s home to find the keys, Joe’s belief that he could use it might not appear to be so reasonable. In this case, Bill’s policy might not cover Joe’s liability for injuries or damages. Worse, Joe’s policy might not cover him, either.
Permission must come from the vehicle’s owner, not from a member of the owner’s family. Joe will not have coverage if Bill didn’t give him permission but Bill’s teenage daughter told him to use it. However, the daughter has coverage if she borrows the car, with or without permission. A member of the owner’s family has coverage without having to prove they had permission. To be considered a family member, such a person must be related to the owner by blood, marriage or adoption.
Before borrowing someone else’s car, we advise people to do the following here in Virginia (South Riding & Chantilly areas zips incl. 20151, 20152 and 20105):
-Make certain you have the owner’s permission.
-Make certain the owner has insurance in-force on the car.
-Check your own insurance to see if it will cover damages the owner’s policy doesn’t cover.
Insurance Agent, Khalid Umerani, can assist you with the third item. Ask the questions ahead of time to avoid unpleasant surprises later. For more information on Auto coverage, contact Khalid Umerani at NOVA Insurance Group, here in Chantilly / South Riding, VA 20151
www.south-riding-insurance.comwww.loudoun-insurance.comLabels: Allstate South Riding, Auto Insurance in South Riding / Chantilly, Auto Liability Coverage, Fairfax Auto Insurance, Khalid Umerani, loudoun auto insurance, NOVA Insurance Group
Ten Safety Tips for Driving in the Rain
Ten Safety Tips for Driving in the Rain
With the dawning of Spring often comes a deluge of rain showers and thunderstorms. While a soft Spring rain may seem innocent enough from the safety of your home, even a gentle shower can cause major problems here in Virginia (Fairfax & Loudoun Counties) on the road. Thousands of car accidents each year are caused by rain and wet roads—and motorists who don’t know how to drive on them.
During and after a rainstorm, a film of water quickly forms on asphalt roads especially in the South Riding / Chantilly areas. This sheath of water causes tires to lose traction, which means drivers can easily lose control. However, slippery roads are not the only danger to driving in the rain. Drivers also lose visibility during a rainstorm. Heavy rain can be absolutely blinding, fogging up the windows and even blocking your headlights. These things all add to an extremely dangerous situation.
If you find yourself on the road during a rainstorm, follow these safety tips to ensure you arrive alive:
Be especially careful when the rain first starts. When the roads are dry for a long period of time, engine oil and grease builds up on roads and highways. As soon as the first drops of rain start to fall, the water mixes with this build-up making the roads incredibly slick. This is why the first few hours of a rainstorm can be the most hazardous for drivers. If the rain continues to fall for a few more hours, the water will eventually wash away the greasy build-up.
Slow down. You should always drive at a slower speed when the roads are wet. The faster you drive in a rainstorm, the more likely you are to have an accident. Leave the house earlier than usual to give yourself additional travel time so you won’t feel the urge to rush.
Brake earlier and slower. When you need to slow down or stop on wet roads, ease on the brakes earlier and with less force than you would normally. This decreases your risk of hydroplaning and keeps a safe distance between you and the car in front of you. It also alerts any drivers behind you to slow down. If you stop too suddenly in a rainstorm, you could get rear-ended.
Turn off cruise control. When you have cruise control turned on during a rainstorm, your car could actually speed up if you hydroplane. Plus, when you use cruise control, you’re probably not paying as much attention to the road. Turn off the cruise control and stay alert at all times when driving in the rain so you can react quickly if necessary.
Avoid big “puddles.” If you spot a huge puddle in the road up ahead, drive around it or take a different route. Sometimes seemingly shallow puddles can actually be 5 or 6 feet deep—and that amount of water can cause serious problems for your car’s electrical system. Depending on how deep the water is, it could even float your car. If you aren’t sure just how deep a puddle is, steer clear of it altogether.
Turn on your headlights. Even if just a few raindrops are falling, turn on your headlights. Not only will this help you see the road, but it will help other drivers see you. However, don’t use your high beams in the rain. This can actually reduce your visibility and blind other drivers.
Turn on your defroster. Your windshield can fog up quickly during a rainstorm, which can cause you to lose sight of the road. Turn on your front and rear defrosters and the A/C to defog your windows.
Keep an eye out for pedestrians. In a rainstorm, a pedestrian’s view of the road could be obscured by their rain slicker hood or umbrella—which means they may accidentally step into the road at the wrong time. If you are driving in a city or another area with pedestrians, keep a close eye out for people in the road.
Pull over when things get bad. If the rain is falling so hard that you can barely see the car in front of you, pull over and wait for the rain to slow down or stop. After all, it’s much better for you to make it to your destination a little late than not at all.
Don’t brake if you hydroplane. If you feel your car starting to hydroplane, don’t brake suddenly or turn the steering wheel. This could send you into a skid. Instead, ease off the gas pedal slowly and steer straight until you feel your tires regain traction. If you have to brake and don’t have anti-lock brakes, tap the brake pedal lightly. If you do have anti-lock brakes, you can brake normally.
For more information, contact Khalild Umerani, Agent, at NOVA Insurance Group, here in Chantilly / South Riding, VA 20151.
www.south-riding-insurance.comwww.loudoun-insurance.comLabels: Auto Insurance in South Riding / Chantilly, Driving Safety Tips, Khalid Umerani, Loudoun / Fairfax Auto Insurance, NOVA Insurance Group
