Expert: Richard Hixenbaugh - 9/16/2011

Question
My home was damaged by a car accident caused by a driver that had a seizure and running into the side of the house. The structure was deemed unsafe for occupancy; so I have been living with relatives since the accident. I have been paying the mortgage and HOA dues while waiting for repairs to be made that will enable me to return. Can I submit a claim to the driver's insurance company for the mortgage and HOA payments I make until the repairs are completed?

Answer
Hi Ngozi,

Technically, Yes. You can make a claim for those items. However you should expect the insurance company to argue. It will be a point of negotiation. You should at least be entitled to any additional or extra expense you have encurred. For instance, you could check into a hotel and eat all of your meals at restaurants, then thay would owe you for all of that. So use that in your negotiating.

You should also be aware that since the accident was caused by a medical condition, the insurance company can deny the entire claim. This is because there was no negligence involved. The person who had the siezure can not be held legally liable for the damage to your house unless it can be shown that they did something wrong.

I hope this helps
Richard Hixenbaugh