can my insurance company sue me??

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My girlfriends daughter was at my home. I allowed her (12 years old) to ride my ATV,she panicked hit a tree and lost sight in a eye for life,no i did not have a helmet on her. Her father is suing my insurance company for damages etc. Can my insurance (homeowners) come back at me or my property to collect any settlement they settle for?

  1. Reply
    April 12, 2014 at 11:43 pm

    I would check with a lawyer!

  2. Reply
    April 12, 2014 at 11:53 pm

    According to the P& C laws your Laibility covers the settled amounts. Now lets suppose that you are only insured for 100K in Liability and the claimant (Girls father) wants 300K If your insurance company does not settle then HE may choose to sue you. Your Insurance company cannot sue you as they are protecting YOUR LAIBILITY. This is why you bought insurance in the first place. If the Insurance company sued you then it would defeat the purpouse of insurance as it a “Pooled Risk Of all thier Insureds” this is why you pay them a premium for your laibility.

  3. Reply
    April 13, 2014 at 12:30 am

    Anyone can sue anyone else for anything, here in the USA.

    If he’s suing your INSURANCE company, he’s going to lose. If he’s suing YOU, he’s likely going to win. The question is, will your homeowners policy cover your defense costs, and/or the judgement?

    If your homeowners policy pays out, they can’t come back after you for what they pay out. They can (and probably will) cancel you, though.

    If the injury happened off your premises, your homeowners policy isn’t going to cover it – but they’ll still likely pay your defense costs. Even if it happened ON premises, they’re probably going to make them take you to court.

    I’d be calling that adjuster pretty quickly, or at least your agent, and make sure that there’s COVERAGE under your homeowners policy. You’re REALLY going to have a problem if it’s not covered.

    Look at your policy. Go to section 2, liability coverage exclusions, # f: no coverage arising out of the ownership, maintenance, or use of motor vehicles or all other motorized land conveyances owned, or operated by or rented or loaned to an insured (unless not subject to registration, AND operated on the insured location).

  4. Reply
    April 13, 2014 at 12:50 am

    Your home owners insurance company will investigate the accident and coverage. Some policies provide liability coverage for ATV’s and others do not. The company I work for does not provide liability coverage for ATV’s as part of the standard homeowners – you have to purchase that by endorsement.

    If there is coverage for the accident – your homeowners company will attempt to settle the minor child’s injury claim. If there is a law suit, they will defend.

    If your policy does not provide coverage for ATV liability claims – your insurance company will deny the claim and will send a letter to you and to the minor child’s guardian.

    In either case – it’s not likely that your insurance company would sue you. However, they may reconsider the risk associated with insuring you.

  5. Reply
    April 13, 2014 at 1:32 am

    There’s 2 coverages under your homeowner policy that could apply here. One is Medical and the other Liability (see policy for limits). Since it’s a permanent injury, plan on the max being paid out & it taking a while. If a lawsuit is won for any more than the policy limit, you would be liable for the difference & a lien could be put on your property if pursued, but NOT by your ins company. Now do you understand why there’s a sticker on the ATV that says “no one under 16”. Good Luck…& please learn from this mistake.

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