Injured at Airbnb property
Jun 24, 2019, 2:30 pm
#1
Original Poster
Join Date: Jan 2006
Posts: 781
Injured at Airbnb property
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?
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.
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?
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.
Jun 24, 2019, 2:42 pm
#3
Original Poster
Join Date: Jan 2006
Posts: 781
No fractures or concussion.
However, I did have to do an MRI and have extended physical therapy to soothe my pain. Thanks for the quick reply.
Jun 24, 2019, 2:44 pm
#4
A FlyerTalk Posting Legend
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The first question you have to ask yourself is whether you think it's worth lawyering up. Did you roll an ankle or get seriously hurt due to some defect of the property? Flyertalk can armchair quarterback it for you but at the end of the day you are going to want to get some actual legal counsel.
I stayed in an Airbnb three weeks ago that I felt was pretty unsafe. It was a super-cool place and we had a nice stay, but I made sure to point out to my kids where they needed to be super careful due to some missing hand rails and an area with some kind of homebrew construction. The place was not in the U.S. The whole Airbnb model still has some serious issues that have yet to be resolved, and safety is definitely one of them.
I stayed in an Airbnb three weeks ago that I felt was pretty unsafe. It was a super-cool place and we had a nice stay, but I made sure to point out to my kids where they needed to be super careful due to some missing hand rails and an area with some kind of homebrew construction. The place was not in the U.S. The whole Airbnb model still has some serious issues that have yet to be resolved, and safety is definitely one of them.
Jun 24, 2019, 2:47 pm
#6
Join Date: Nov 2007
Location: Colorado
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You are asking for advice without any specifics.
Regardless, when my wife says for a few weeks a year we could make a profit via Airbnb with our home, I refuse. We have a new home that meets current codes, but that won't stop the ambulance chasers from creating something out of nothing. But even if I had an old home that met code at the time, what happened to self responsibility?
Renting via Airbnb is assuming a lot. My best friend loves it as its cheaper. He has had some good ones, and some total crap joints. He isn't a fan of FT, but I asked him his opinion. He laughed and shared way too many foul words for me to share. In short, he takes personal responsibility knowing that a new property he isn't familiar with could be great, could be a death trap.
So to the OP, no idea if you are old and blind and need your hand held, or someone young and often drunk, and need your hand held... Either way, we live in a someone else is responsible United States, so have at it and report back.
Regardless, when my wife says for a few weeks a year we could make a profit via Airbnb with our home, I refuse. We have a new home that meets current codes, but that won't stop the ambulance chasers from creating something out of nothing. But even if I had an old home that met code at the time, what happened to self responsibility?
Renting via Airbnb is assuming a lot. My best friend loves it as its cheaper. He has had some good ones, and some total crap joints. He isn't a fan of FT, but I asked him his opinion. He laughed and shared way too many foul words for me to share. In short, he takes personal responsibility knowing that a new property he isn't familiar with could be great, could be a death trap.
So to the OP, no idea if you are old and blind and need your hand held, or someone young and often drunk, and need your hand held... Either way, we live in a someone else is responsible United States, so have at it and report back.
Last edited by COSPILOT; Jun 24, 2019 at 3:14 pm
Jun 24, 2019, 3:34 pm
#7
Join Date: May 2009
Posts: 113
Soooo, what makes you think that the property is at fault? I admit, it's hard not to judge without knowing all of the facts but people need to start owning up to their own mistakes. Can't go around suing people every time something bad happens to you.
Jun 24, 2019, 3:39 pm
#8
Original Poster
Join Date: Jan 2006
Posts: 781
Without going into specifics, there was a electrical malfunction and a design fault in front yard.
Jun 24, 2019, 3:40 pm
#9
Moderator: Delta SkyMiles, Luxury Hotels, TravelBuzz! and Italy
Join Date: Oct 2001
Location: Los Angeles
Posts: 26,543
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?
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.
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?
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.
Obscure2k
TravelBuzz Moderator
Jun 24, 2019, 3:48 pm
#10
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Join Date: Aug 2010
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Programs: UA US CO AA DL FL
Posts: 50,262
You have a choice to make. It is unlikely that AirBNB, the host or either of their carriers will pay anything without obtaining some facts. Whether the adjuster has a conflict as between AirBNB and the host is not relevant to you.
Thus, either you deal with AirBNB/host or the adjuster or you obtain a lawyer to do so on your behalf. How you pay that lawyer and whether it is a contingency or an hourly rate or something else is for you to determine.
What makes sense here is way beyond anything anybody here can advise on as we still don't know how serious the injuries were, how much money is involved, where it all took place, where you reside, and a whole bunch of other facts. Those are largely facts you should not post on an internet forum.
Thus, either you deal with AirBNB/host or the adjuster or you obtain a lawyer to do so on your behalf. How you pay that lawyer and whether it is a contingency or an hourly rate or something else is for you to determine.
What makes sense here is way beyond anything anybody here can advise on as we still don't know how serious the injuries were, how much money is involved, where it all took place, where you reside, and a whole bunch of other facts. Those are largely facts you should not post on an internet forum.
Jun 24, 2019, 4:47 pm
#11
Moderator: Information Desk, Women Travelers, FlyerTalk Evangelist
Join Date: Jul 2003
Location: Chicago, IL, USA
Programs: AA Gold
Posts: 15,651
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?
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?
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.
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.
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.)
Jun 24, 2019, 7:19 pm
#12
Join Date: Apr 2008
Location: Land of Enchantment!
Programs: Southwest RR, Alaska Mileage Plan™
Posts: 341
Not much info to have any idea of what may happen.
As someone has mentioned before, you are your best advocate. That includes watching out for yourself.
Sounds like it could be a burnt out light bulb, childs wagon in yard or sidewalk, a trip, fall and minor injury. I almost always carry a mini-maglite with me just for potentials like this.
As someone has mentioned before, you are your best advocate. That includes watching out for yourself.
Sounds like it could be a burnt out light bulb, childs wagon in yard or sidewalk, a trip, fall and minor injury. I almost always carry a mini-maglite with me just for potentials like this.
Jun 24, 2019, 10:07 pm
#13
Join Date: Dec 2005
Location: California
Programs: AA EXP...couple hotels and cars too
Posts: 4,548
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.
.)
.)
Same as insurance after a car accident.
Jun 25, 2019, 12:10 am
#14
Join Date: Sep 2002
Location: LAX
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Posts: 2,113
How about insurance companies own up to their insureds' mistakes and promptly and fairly pay victims' legitimate claims without them having to lawyer up?
Jun 25, 2019, 3:27 am
#15
Join Date: Feb 2015
Location: United Kingdom
Programs: Bonvoy LTTitanium, BAEC Silver
Posts: 591
You are asking for advice without any specifics.
Regardless, when my wife says for a few weeks a year we could make a profit via Airbnb with our home, I refuse. We have a new home that meets current codes, but that won't stop the ambulance chasers from creating something out of nothing. But even if I had an old home that met code at the time, what happened to self responsibility?
Renting via Airbnb is assuming a lot. My best friend loves it as its cheaper. He has had some good ones, and some total crap joints. He isn't a fan of FT, but I asked him his opinion. He laughed and shared way too many foul words for me to share. In short, he takes personal responsibility knowing that a new property he isn't familiar with could be great, could be a death trap.
So to the OP, no idea if you are old and blind and need your hand held, or someone young and often drunk, and need your hand held... Either way, we live in a someone else is responsible United States, so have at it and report back.
Regardless, when my wife says for a few weeks a year we could make a profit via Airbnb with our home, I refuse. We have a new home that meets current codes, but that won't stop the ambulance chasers from creating something out of nothing. But even if I had an old home that met code at the time, what happened to self responsibility?
Renting via Airbnb is assuming a lot. My best friend loves it as its cheaper. He has had some good ones, and some total crap joints. He isn't a fan of FT, but I asked him his opinion. He laughed and shared way too many foul words for me to share. In short, he takes personal responsibility knowing that a new property he isn't familiar with could be great, could be a death trap.
So to the OP, no idea if you are old and blind and need your hand held, or someone young and often drunk, and need your hand held... Either way, we live in a someone else is responsible United States, so have at it and report back.
Not referring to this specific case given the absence of details, I'm so glad we don't have the same culture in the UK (apart from the much despised no win no fee lawyers). Nobody would leave their front door at the fear of being sued by ambulance chasers and other scammers. Can imagine it does wonders for the personal injury lawyer and insurance sectors from a profit and tax revenue perspective however.