A home insurance contract contains a standard written section that protects the owners in case of unintentional damage to a third party, whether in a principal residence as the owner or as a tenant. “There is no clause on snow or ice in an insurance contract,” says Hélène Tremblay, director of standards, insurance and products at La Capitale.
The first thing to do in case of bodily injury is to call your insurer. Mrs. Tremblay is reassuring: “We do not leave a client alone in this kind of situation. He is offered a quick handling of the file to better guide him in the following things. ”
The insurer advises the client to keep the proof. For example, in the case of a nasty fall on the ice, you are asked to take pictures of where the accident occurred. A claims adjuster is also mandated to initiate the investigation: “It validates the circumstances of a bodily injury and the nature of the injuries. He can meet the victim and determine if there were pre-existing conditions for the damage, “says Jean-Mathieu Potvin, counsel at La Capitale.
“As the burden of proof is on the victim, it is up to her to prove the fault. In a case of snow or ice, it is a lack of maintenance that must be demonstrated, “says Potvin. If it is proved that there was indeed a fault, the case is settled either amicably or in court.