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Loss of essential services is really a loss of services. There is nothing very essential about it. The inability to cook and do the normal shores on the household is enough to make this type of claim.
In some instances, depending in the injury, the injured party could hire someone to help with the normal shores (cooking, vacuuming, cleaning the bathroom, mowing, etc.) The key here is that the injury must justify the expense.
The injury cannot be so minor that you could perform these duties but you just would like a nanny paid for. The insurance company is always at the defensive when this claim is made.
How can you overcome the presumption that you are trying to take advantage of the insurance company?
Insurance adjusters are trained to play hard ball. I believe they become very frustrated with their clients and start operating from the point of view that everyone wants to take advantage of them.
Whether they say it or no, you will have to beat the presumption that you are out to get something that does not belong to you. The sad part is that you will not be able to really overcome this presumption, but
The first step is to ensure that you can show that you actually perform these services. If your property never has weeds and tall grass to the point that is evident that you never mow your grass, then you could have a hard time winning this argument.
If the loss of essential services truly exists then there is a big possibility that proving the actual loss would not be too difficult. If you are a stay home mother it would not be too difficult to show that you cannot take your kids soccer because of the accident.
The next step is to make sure your doctor recommends or suggest that you stop doing the house shores. This is critical for your loss of essential services claim. There must be some medical professional backing you up regarding your injuries and that your pain does not allow for mowing the grass.
Get a great Bodily Injury E-book for more key information.
The insurance adjuster will be definitely look to see that it was the injury their client caused that is the reason that does not allow you to mow. This is why your doctor’s intervention will be critical. The doctor must how a. that the inability to do house shores is a result of the injury, and b. the injury is a result of the accident.
You must also show that the there was an actual expense. You actually had to pay someone for the loss services. The better way to put this is you need to have a receipt or a way to show that there was an actual payment.
If the injury or claim is concurrent with the negotiations with the insurance carrier, then you could ask the insurance company to pay directly for you (usually you have to wait until settlement time).
The insurance company will be entitled to one deduction of their bill. If for example you have to eat our more because you cannot cook, then your expenses would be more. The insurance company however will only pay for the difference between what you would have spent at home (the cost of the ingredients) from what you paid at the dinner.
The loss of essential services claim is not necessarily highly disputed. Either you have evidence or you don’t. Most insurance companies will take your documentation and paid for your bills. However, this claim can become expensive so make sure you document everything you can.
Insurance companies are not on your side—talk to a personal injury attorney before you make any decisions! Fill the form below or call toll free at (866) 493-7760.
Loss of Essential Services will be subject to Mitigation of Damages clauses. Read more.
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