What happens if we aren't covered under our HOwners ins.?

by Guest » Mon Nov 02, 2009 05:24 pm
Guest

My son's friend broke his arm while with friends on our Mule(rec. vehicle) with another boy driving. While our main concern is for his friend to fully recover, we can't help but feel the stress of what happens now since receiving letters from the the injured parties ins. co. The injured parties ins. co. is going after our ins. co. and now the driver's (another boy) to be compensated for the $$$ paid out for medical bills. The boy is still not recovered and still in the process of treatment. We've heard from our ins. co. that we have no coverage because the accident occurred NOT on our property...and the mule isn't covered. The driver's ins. co. says the driver does have coverage. So now what? The injured party says they are not sueing us, they tell us this is just their ins. co. So... now that we know we have no coverage, will their ins. co. come after us personally... or will they get reimbursed through the drivers ins.? My son was not in the vehicle when it happened. He was in a different area. Their was no alcohol or drugs related, just kids out having fun and driving too fast while taking a sharp turn on a sandy sloped area. How long can this process take? And will their be a point where we need a lawyer?

Total Comments: 3

Posted: Tue Nov 03, 2009 03:00 am Post Subject:

You can bet they will come after you if you have no coverage. But do you have the means to pay? Why did you not have coverage on something that is one of the most if not the most dangerous toys out there?

Posted: Tue Nov 03, 2009 04:34 am Post Subject:

I'd say its 50/50. I'd say usually health carriers won't seek recovery. Also, it's questionable if in your state the owner of the vehicle can be held liable. You were not operating the Mule, someone else was. Some states do hold the owner responsible though.

Sometimes a health carrier _might_ turn the file over to a collection company but I doubt it in this case... especially when it looks like the drivers policy is going to provide coverage.

I think someone needs to sit down with the agent and discuss coverage. You need to have a separate policy on that mule or have it endorsed.

Posted: Wed Nov 04, 2009 01:56 am Post Subject:

will their ins. co. come after us personally


They could, but in order for them to do this, (since you have no medpay/wasn't on your property) you would've had to have been negligent/liable in some way.....

or will they get reimbursed through the drivers ins.?

If there is coverage there then yes, but that carrier too, could attempt to bring you in as well..It all depends on the circumstances (and ages) of the loss.

How long can this process take?


It depends on (again, sorry) on the circumstances
..

And will their be a point where we need a lawyer?


I wouldn't rush out and get one now. In fact I wouldn't at all unless and until I was served with suit papers...


I have a few questions that might help us, help you if we get the answers

How old are the kids?
What state are you in?
How is the registered owner of the ATV?
Who's property were they on?
If they are minors did the injured boy's parents give him permission to ride in the ATV?
Had he ever done so before?
Were his parents there?
Is this the boy's health carrier that is subrogating ?

(I've deleted the other thread that you started that is a duplicate)

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