My AC unit was damaged by landscapers. Can I use both my homeowners insurance and the workers liability insurance to cover the damages?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jun 20, 2013

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Insurance Question from Palm Coast, FL

Asked on 06/20/2013

My AC unit was damaged by landscapers. Can I use both my homeowners insurance and the workers liability insurance to cover the damages? NULL

Answer given on June 24, 2013

If your air conditioning unit was damaged by your landscaping company, they should be the first you should contact for repairs to the unit.If you submit a claim on your homeowner policy, the deductible will apply. If your insurance company chooses to subrogate against the landscaper, then you could receive your deductible back. However, if they do not subrogate, or are unsuccessful, then you will be out the deductible, and will have a claim against your homeowner policy.Talk to the landscaper and see if they will accept liability for the damage. If so, then go through their insurance company. They should pay for the full cost to repair the air conditioning unit.Do not presume that you can collect from both the landscaper and your insurance company. Again, if you get the landscaper to pay, and then your insurance company pays, they can subrogate and then both parties will know that you have filed multiple claims. This could jeopardize your homeowner insurance as they will consider this fraud.

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