Originally Posted by
Barkinpark
I was injured at an Airbnb property in the US. I informed Airbnb already about it when I wrote my review for the host and they assigned an insurance adjuster to handle my case. Some questions:
1. It seems that the insurance adjuster creates some conflict of interest between the Airbnb and the host. On one hand, it represents Airbnb. But if I am not satisfied with its proposed settlement amount, I will file a lawsuit against the host. So, the adjuster may want to have me reject his offer and sue the host instead. Is my logic correct?
AirBNB offers $1 million in liability insurance to all hosts. The adjuster works for the insurance company and their job is to pay you as little as possible. If you cannot reach a settlement agreement, the insurance company will pay to defend the host. No conflict of interest -- they're all working against you.
2. Has anybody been in my situation before? What's your advice? What were the total damages and what was the settlement amount, if you don't mind disclosing?
3. My injury most likely does not warrant a trial. What are my general strategies to maximize my settlement? What online resources are useful?
I know these are general questions, but I am new to this topic and I certainly appreciate your help.
Originally Posted by
davie355
I would call a personal injury lawyer. The case doesn't have to go to trial. For your legal benefit I urge you not to post more details of the situation online.
A personal injury lawyer is unlikely to take your case. PI attorneys work on contingency, and from the sounds of it, you may have just suffered a few thousand dollars in damages. The attorney work likely lose money on your matter. However, you may be able to pay an attorney to write a demand letter for you. It will likely cost you a few hundred dollars.
You need to make an itemized list of our actual damages. Medical bills (understand your health insurance company will try to claw that money back.), lost wages, expenses you incurred as a result of your injury, including the inability to enjoy your vacation. Damages for pain and suffering are unlikely, particularly if this didn't cause any permanent injuries. Send a reasonable list to the adjuster if you don't want to hire a lawyer to write a demand letter for you. Be prepared to file a lawsuit in small claims court (if your damages fall below the threshold). Understand that you'll have to file it in the jurisdiction where the injury occurred, not in your home court. You'll likely be able to recoup filing fees but unlikely to recoup travel expenses.
The state in which this occurred is also a key consideration. What kind of negligence laws exist? In personal injury cases, you also bear some responsibility for your own safety. You say there was an electrical malfunction and a design fault in the front yard. Was this something that a reasonable person might have noticed and avoided? That may hurt your case. (Read up on comparative and contributory negligence.)