Guest injured falling down stairs

Yes, like a slip and fall.

@mikelowrey I rent in the Catskills and my original HO policy was written by Sterling Insurance. When I went looking for additional coverage because of STR they were the only one who would write me a policy that allowed me to live there part-time AND short term rent. They are centered in Sarasota and have been covering Adirondack properties for decades, which have a long history of part time owner-occupied vacation rentals.

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How many times in your life have you accidentally slipped?

How many times in your life have you burned someone’s house down?

A slip and fall would only result in an insurance claim if there was severe damage.

I have known two people who filed claims due to a slip and fall. I’ve known at least five people who had their houses burn down (all but one due to Christmas trees).

Wow! That’s an interesting statistic right there. I would be interested to know - if you know - if they were real or artificial and if they had old-fashioned incandescent bulbs or not. Just curious.

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They were real trees. In each case the homeowner had left the house but didn’t turn off the lights. I’ve never celebrated Christmas so I don’t know the difference between the types of lights.

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I have a guest that has made a claim against me for falling on the back deck over a lounge chair in the dark and injuring her jaw, requiring surgery. (TN/USA). Airbnb has been handling this for me and sent an investigator over to photograph my house and also meet with the injured guest. Her physician boyfriend booked the reservation. So far, it appears that Airbnb has done a great job handling this claim. I do not believe my insurance would cover this.

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Thanks for this, I’d like to know the final outcome. Did your or the guest do the claim filing?Did they find any fault or neglect with your home? Why don’t you think your insurance would cover it?

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This is how I thought it was suppos3d to work. I’m so confused by Airs first response to Ellen… stating that this incident was on her when their host liability clearly covers accidents like this inside the list and is the primary.

Most homeowners policies do not cover short term rentals. The investigator with the Airbnb insurer did not make a determination concerning fault with my home. I did point out the light switch beside the door which could have been cut on by the guest had she been using due care, the chase lounge the guest fell over (not a hidden danger), and photographs of the bottle of wine I made the following morning which the guests had consumed prior to falling. I have encouraged the carrier to resolve the matter. Although I do not believe there is any liability, I do not want to be sued. At this juncture, the guest is just making a claim for money damages, and has not yet filed a lawsuit.

Whilst I strongly suggest you (in this order)

  1. Speak to a lawyer
  2. Speak to your insurer

If you don’t have either, I suggest you (no polite way to do this I’m afraid) legally tell her to beep off and put it in writing it is HER fault.

I refer to you communication dated x in which you asked me to submit a claim to my HO insurance for your medical expenses.

As per your acknowledgement to me (by phone/message on x date) that you caused the accident by not using the hand rail (provided for safety) ‘because I was carrying stuff in my right arm’ I accept no liability in this matter. I am concerned that you have sent the communication of (x date) to me in which you seem to be representing a different set of circumstances than those you admitted at the time of your accident. This does not appear to be in good faith. I suggest you make a claim from your travel insurance or Airbnb (send link). This would depend on whether either covers an accident caused by the injured’s personal negligence. I am unable to lodge any claims on your behalf.

I will not be making a claim from my Home Owners insurance as stated I do not accept any liability for your injuries or any other loss arising out of your accident caused by your admitted personal negligence.

As I am unable to assist you further, I am unable to respond to further communication from you about this matter.

  • if she contacts you again it should be via a lawyer in the post- do not respond (to her messages again) Also check your HO policy if you need to notify if an incident within x time.
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Ouch

I have never come across anywhere that has strict liability for this sort of situation so for there to be a successful claim liability would have to be established.

It would be unreasonable to assume she realises this, so I would not read too much into the message.

I agree let AirBnB deal with the issue, you should not get involved in anyway as far as communicating with her, refer all matters to AirBNB.

To answer one of the questions mentioned yes an Insurer would want to know if there is any possibility of subrogation so they ask about how it happened, I had a windscreen claim recently and they did the same thing. They would not expect the claimant to know if there was or there was not.

My guest said she’s asking to cover medical bills. So any fault found with the host’s home, I assume that would still be covered under Airbnb’s insurance, and if an investigator comes and doesn’t find fault they will deny her claim?
Also, who fills out the claim forms? It seemed Airbnb asked me to do it but it makes more sense for her to initiate it. I really want to stop communicating with her if possible.
What was the procedure in your case?

Thanks,

Ellen

Watch out. On this board if you explain how insurance works, you’ll be accused of being a bad relative and friend.

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You are requesting the AirBnB Insurance to protect you from the claim made against you so you fill in the claim form.

If you were involved in a car accident and somebody wanted to claim from you based on your alleged negligence it would be no different.

Apologies to EllenN for doubling down.

Hi @Ellen_Liang

It would be really useful if you could let us know what Airbnb has said is the process in this situation, when guests claim on their host protection insurance.

Does the guest deal with their insurers directly?

Do they send out a loss adjuster to examine your property?

I am sure understanding how they work would be useful for any hosts who might find themselves in this situation in the future.

@Emily and @chicagohost

Oh c’mon - I merely quoted EllenN…I didn’t paraphrase what she stated. She stated what she would do in a given situation and she didn’t retract, modify or clarify it so why am I accused of being unfair and unkind?

Those are her words…get it? So gimmie a break!

I didn’t “attack” her and I didn’t judge her. What I did was to include @9KarmaCasa 's statement on the same subject and pose a rhetorical question.

BTW @chicagohost: I am not the author of that quote you placed under my name.

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I wasn’t referring to K9’s comments but to this parenthetical statement that you directed at Ellen.

@rod

So Airbnb did not require you to file first with your homeowner’s insurance?

My concern is @Ellen_Liang being dropped from her insurance company if they find out she is running a business.

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Emily, you rock…

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