Wednesday, March 9, 2011

can I sue someone's homeowner's insurance if a personal injury didnt happen on their property?

My son was in a severe 4-wheeler accident recently with a friend of mine's husband. My permission was not given and my son is only 11 yrs old. The accident did not happen on their property, but I have been told that I can still sue their Homeowner's Insurance for my sons injury and for pain and suffering? He will have to have extensive plastic surgery and dental surgery from his injury? Is it possible to sue the insurance company or will I be wasting my time?
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If you sue their INSURANCE, you're going to lose. The INSURANCE didn't own the 4 wheeler, didn't cause the accident, didn't own the land it was being driven on. You have to sue the driver of the 4 wheeler, the owner of the 4 wheeler, and the person who owns the land. Whoever gave you the information to sue the insurance, is dead wrong about a whole bunch of things - the homeowners liability won't cover any accident involving a 4 wheeler, that happens OFF PREMISES. Now, you can still sue the guy driving, and the owner of the 4 wheeler (same guy?), and you'll most likely win. You might even force him to sell his house, and get his wages garnished forever, and force him into bankruptcy. But depending on his assets, it's also possible you'll drive him broke and bankrupt, and not get very much cash at all. But this isn't going to be insured, unless he has a 4 wheeler liability policy. It's not covered under his CAR insruance policy, either, unless he listed the 4 wheeler and paid a premium for it. Just in case someone else mentions that.
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